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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking. The Committee welcomes the adoption of Law No. 51/2018 of 13 August 2018 relating to the prevention, suppression and punishment of trafficking in persons and exploitation of others, which, among other things, penalizes both the offence of trafficking in persons and the promotion and facilitation of trafficking in persons (sections 18 and 19). Where the offences are committed against a child, the penalty is life imprisonment and a fine of not less than 15 million and not more than 20 million Rwandan francs (section 20).
In this regard, the Committee notes that, in its concluding observations of 21 October 2021, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) noted the efforts of Rwanda to combat trafficking in persons by increasing the conviction rates of perpetrators from 12.5 per cent in 2016 to 53.3 per cent in 2018. However, the CMW expressed its concern about the challenges in evidence-gathering as one of the main causes of the low conviction rate for the crime of trafficking in persons as compared with other crimes, and the scarce quantitative data related to trafficking in persons (CMW/C/RWA/CO/2, para graph 53). The Committee requests the Government to supply information on the application of sections 18, 19 and 20 of Law No. 51/2018 in practice, including, in particular, statistics on the number of investigations, prosecutions, convictions and penalties imposed.
2. Commercial sexual exploitation. The Committee previously took note of the measures taken by the Government for the prevention and elimination of commercial sexual exploitation, but took note also of the increase of trafficking in adolescent girls for purposes of sexual exploitation under the pretext of offering them opportunities to study or work abroad and the relatively low number of prosecutions and convictions of traffickers due to insufficient resources allocated to law enforcement.
The Committee notes the Government’s information in its report regarding Rwanda’s legal framework protecting children against all forms of sexual exploitation, including commercial sexual exploitation. Law No. 51/2018 of 13 August 2018 punishes any person convicted of any of the acts constituting sexual exploitation (defined under section 3(2) of the Law) with imprisonment for a term of not less than 3 years and not more than 5 years and a fine of not less than 3 million and not more than 5 million Rwandan francs. Where the acts are committed against a child, the offender is liable to life imprisonment and a fine of not less than 10 million and not more than 15 million Rwandan francs (section 24 of the Law). The Committee once again requests the Government to take the necessary measures to protect children against commercial sexual exploitation, particularly by strengthening the capacity of the law enforcement bodies, including by means of allocating enough resources to this end, to enable them to carry out thorough investigations and prosecutions. In this regard, it requests the Government to provide information on the measures taken and the results achieved, including statistics on the number of investigations, prosecutions, convictions and penalties imposed in application of section 24 of Law No. 51/2018.
Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Access to free basic education and special situation of girls. The Committee previously took due note of the increase in the enrolment rates of girls at the secondary level but requested the Government to enhance its efforts to reduce the drop-out rates.
The Committee notes the Government’s statement that girls’ education in Rwanda is a central component of strategies to ensure that there is inclusive basic education for all. The Committee takes note of the detailed information provided by the Government on the measures taken in this regard, in particular: (i) the Special Needs and Inclusive Education Policy and its Strategic plan (SNIEP) (2018/19–2023/24), adopted in October 2018, which puts in place coordinated and appropriately resourced special needs and inclusive education services; (ii) the National Girls’ Education Policy and its strategic plan, the Education Sector Strategic Plan (ESSP) 2018/19–2023/24, which commit to promoting access to education at all levels, improving the quality of education and training as well ensuring that the disadvantaged groups have access to meaningful learning opportunities. As result of policy implementation alongside other programmes in the education sector, the status of girls’ education has improved at primary, secondary, and tertiary levels of education, and gender parity has been stable at primary and secondary levels.
The Committee notes that, in its reply to the list of issues in relation to its combined fifth and sixth reports to the UN Committee on the Rights of the Child (CRC) of 15 January 2020, the Government indicates that access to education has experienced good achievements, particularly at the primary level, but that repetition and drop-out rates continue to be a big challenge (CRC/C/RWA/RQ/5-6, paragraphs 17, 21). In its concluding observations of 28 February 2020, the CRC, while commending the Government for the high primary school enrolment rates and welcoming the adoption of the education sector strategic plan, expresses its deep concern about the low secondary school enrolment rates (CRC/C/RWA/CO/5-6, paragraph 38). Welcoming the progress made to improve access to primary education, the Committee encourages the Government to continue its efforts, in order to ensure that all children have access to free basic education, with special attention to girls in lower secondary education, and to reduce school drop-out rates. The Committee requests the Government to continue to provide information on the measures adopted and the results achieved in this regard, including within the framework of the ESSP 2018/19–2023/24 and the SNIEP (2018/19–2023/24).
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Commercial sexual exploitation. The Committee previously noted that, despite the efforts of the Government, children were still exploited in prostitution, and that orphans, children from poor areas and child domestic workers might be particularly vulnerable to becoming engaged in this worst form of child labour. The Committee requested the Government to take the necessary measures to ensure the removal, rehabilitation and social integration of children involved in commercial sexual exploitation.
The Committee notes the Government’s information that Rwanda has established the Isange One Stop Centres, which provide victims of sexual exploitation – including children – with shelter, medical treatment, psychosocial counselling and medical/legal aid under one roof, so as to avoid re-victimization. These centres are currently operational in 44 hospitals countrywide. Moreover, the Ministry of Gender and Family Promotion of Rwanda earmarked funds to all 30 districts to ensure the effective reintegration of victims of gender-based violence, child abuse and human trafficking. The Committee requests the Government to pursue its efforts to provide the necessary direct assistance to child victims of commercial sexual exploitation, and to ensure their rehabilitation and social integration. It further requests the Government to provide information on the number of persons under the age of 18 who have thus benefited from rehabilitation and social integration assistance.
2. Child soldiers. The Committee previously noted that the former child soldiers repatriated from the Democratic Republic of the Congo (DRC) had been reintegrated into society by the Rwanda Demobilization and Reintegration Programme (RDRP). The Committee further noted that gender-sensitive measures were employed through the RDRP regarding female ex-combatants. It therefore requested the Government to continue taking the necessary gender-sensitive measures to identify and socially integrate children, particularly girls who are affected by armed conflict within the framework of the disarmament, demobilization and reintegration process.
The Committee notes, from the replies of Rwanda to the list of issues in relation to its combined fifth and sixth reports to the CRC of 15 January 2020, that the RDRC continues to collaborate with MONUSCO, which is in charge of disarming members of armed groups in the DRC, after which MONUSCO shares information with RDRC for the repatriation process of withdrawn children. Returnees are thus given national identity cards; enrolled in formal education and in various vocational skills; assisted to set up income-generating activities; enrolled in the National health care scheme known as mutuelle de santé; and given access to their land. The Government indicates that the Rwanda Demobilization and Reintegration Commission (RDRC) has so far demobilized 985 former child soldiers, including two girls (CRC/C/RWA/RQ/5-6, paragraph 190). The Committee encourages the Government to continue its efforts and its collaboration with the MONUSCO in order remove children under 18 from the armed groups and ensure they receive adequate assistance for their rehabilitation and social integration, including reintegration into the school system or vocational training, wherever appropriate. It requests the Government to supply information on the results achieved in its next report, as well as the latest annual report of the RDRC.
Clause (d). Children at special risk. 1. HIV/AIDS orphans and other vulnerable children (OVCs). Following its previous comments, the Committee takes note of the Government’s statement that it is devoted to continuing to support HIV/AIDS orphans and OVCs in all spheres of life, which will ultimately shield them from child labour and other abuse. The Government indicates that, under the OVC program, partners have continued to implement case management models, whereby programme beneficiaries are provided with a broad range of services in accordance with their needs as identified in their household and individual care plans. The services offered to OVCs include: (i) care and support for people living with HIV; (ii) household economic strengthening actions (loans and savings groups, cooperatives, (iii) income generating activities or conditional household grants, as appropriate); (iv) work readiness education for youth to prepare them for employment and business opportunities; and (v) education support (primary and secondary school and market-based technical and vocational education and training – TVET). Other support provided to OVCs includes early childhood development (ECD) services for children under six years of age and their caregivers; child protection; home visits and linkages to other forms of support; and health promotion services, including referrals to health-related services that respond to beneficiaries’ unique needs in health, food security, nutrition, and water, sanitation and hygiene (WASH), gender-based violence (GBV) prevention and response, and HIV prevention and care. As appropriate, beneficiaries and community caregivers also received psychosocial support services and family planning messaging.
The Committee notes, however, that according to the 2020 estimates of UNAIDS, there are about 90,000 orphans aged 0 to 17 due to HIV/AIDS, compared with 70,000 in 2015. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee once again encourages the Government to continue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are protected from the worst forms of child labour. The Committee once again requests the Government to provide information on the results achieved in this regard in terms of number of OVCs who have benefited from these efforts.
2. Refugee children. Previously taking note of the increase in cases of child victims of trafficking, particularly refugee children, to the other East African countries and other destinations where they were exposed to forced agricultural and industrial labour, domestic work and prostitution, the Committee requested the Government to take effective and time-bound measures to protect refugee children, especially girls, from the worst forms of child labour.
The Committee notes the Government’s information that the Ministry in charge of Emergency Management has put in place mechanisms to prevent human trafficking and child labour in all refugee settings. In all refugee camps, there are specific implementing partners that closely ensure day-today prevention and mitigation of child labour and trafficking. They work closely with security organs whenever there is a suspect case to proactively anticipate and handle it in due course. The Government indicates that, so far, no case of child trafficking was identified in any refugee camp, but that awareness campaigns are regularly taking place within refugee settings and surrounding host communities.
The Committee notes that, in its concluding observations of 21 October 2021, the CMW, while noting the efforts of Rwanda to combat trafficking in persons, expresses concern about the limited knowledge about trafficking in persons in the country, including among local leaders, teachers, young people, the border community, refugees, implementing partners in refugee camps and the community in general (CMW/C/RWA/CO/2, paragraph 53). The Committee therefore requests the Government to continue its efforts to ensure that refugee children, particularly girls, are protected from the worst forms of child labour, including through intensified awareness-raising. The Committee requests the Government to continue providing information on the concrete measures taken and the results achieved in this regard.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking. The Committee welcomes the adoption of Law No. 51/2018 of 13 August 2018 relating to the prevention, suppression and punishment of trafficking in persons and exploitation of others, which, among other things, penalizes both the offence of trafficking in persons and the promotion and facilitation of trafficking in persons (sections 18 and 19). Where the offences are committed against a child, the penalty is life imprisonment and a fine of not less than 15 million and not more than 20 million Rwandan francs (section 20).
In this regard, the Committee notes that, in its concluding observations of 21 October 2021, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) noted the efforts of Rwanda to combat trafficking in persons by increasing the conviction rates of perpetrators from 12.5 per cent in 2016 to 53.3 per cent in 2018. However, the CMW expressed its concern about the challenges in evidence-gathering as one of the main causes of the low conviction rate for the crime of trafficking in persons as compared with other crimes, and the scarce quantitative data related to trafficking in persons (CMW/C/RWA/CO/2, para. 53). The Committee requests the Government to supply information on the application of sections 18, 19 and 20 of Law No. 51/2018 in practice, including, in particular, statistics on the number of investigations, prosecutions, convictions and penalties imposed.
2. Commercial sexual exploitation. The Committee previously took note of the measures taken by the Government for the prevention and elimination of commercial sexual exploitation, but took note also of the increase of trafficking in adolescent girls for purposes of sexual exploitation under the pretext of offering them opportunities to study or work abroad and the relatively low number of prosecutions and convictions of traffickers due to insufficient resources allocated to law enforcement.
The Committee notes the Government’s information in its report regarding Rwanda’s legal framework protecting children against all forms of sexual exploitation, including commercial sexual exploitation. Law No. 51/2018 of 13 August 2018 punishes any person convicted of any of the acts constituting sexual exploitation (defined under section 3(2º) of the Law) with imprisonment for a term of not less than 3 years and not more than 5 years and a fine of not less than 3 million and not more than 5 million Rwandan francs. Where the acts are committed against a child, the offender is liable to life imprisonment and a fine of not less than 10 million and not more than fifteen million Rwandan francs (section 24 of the Law). The Committee once again requests the Government to take the necessary measures to protect children against commercial sexual exploitation, particularly by strengthening the capacity of the law enforcement bodies, including by means of allocating enough resources to this end, to enable them to carry out thorough investigations and prosecutions. In this regard, it requests the Government to provide information on the measures taken and the results achieved, including statistics on the number of investigations, prosecutions, convictions and penalties imposed in application of section 24 of Law No. 51/2018.
Article 7(2). Effective and time-bound measures. Clauses (a) and (e). Access to free basic education and special situation of girls. The Committee previously took due note of the increase in the enrolment rates of girls at the secondary level but requested the Government to enhance its efforts to reduce the drop-out rates.
The Committee notes the Government’s statement that girls’ education in Rwanda is a central component of strategies to ensure that there is inclusive basic education for all. The Committee takes note of the detailed information provided by the Government on the measures taken in this regard, in particular: (i) the Special Needs and Inclusive Education Policy and its Strategic plan (SNIEP) (2018/19–2023/24), adopted in October 2018, which puts in place coordinated and appropriately resourced special needs and inclusive education services; (ii) the National Girls’ Education Policy and its strategic plan, the Education Sector Strategic Plan (ESSP) 2018/19–2023/24, which commit to promoting access to education at all levels, improving the quality of education and training as well ensuring that the disadvantaged groups have access to meaningful learning opportunities. As result of policy implementation alongside other programmes in the education sector, the status of girls’ education has improved at primary, secondary, and tertiary levels of education, and gender parity has been stable at primary and secondary levels.
The Committee notes that, in its reply to the list of issues in relation to its combined fifth and sixth reports to the UN Committee on the Rights of the Child (CRC) of 15 January 2020, the Government indicates that access to education has experienced good achievements, particularly at the primary level, but that repetition and drop-out rates continue to be a big challenge (CRC/C/RWA/RQ/5-6, paras. 17, 21). In its concluding observations of 28 February 2020, the CRC, while commending the Government for the high primary school enrolment rates and welcoming the adoption of the education sector strategic plan, expresses its deep concern about the low secondary school enrolment rates (CRC/C/RWA/CO/5-6, para. 38). Welcoming the progress made to improve access to primary education, the Committee encourages the Government to continue its efforts, in order to ensure that all children have access to free basic education, with special attention to girls in lower secondary education, and to reduce school drop-out rates. The Committee requests the Government to continue to provide information on the measures adopted and the results achieved in this regard, including within the framework of the ESSP 2018/19–2023/24 and the SNIEP (2018/19–2023/24).
Clause (b). Direct assistance for the removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Commercial sexual exploitation. The Committee previously noted that, despite the efforts of the Government, children were still exploited in prostitution, and that orphans, children from poor areas and child domestic workers might be particularly vulnerable to becoming engaged in this worst form of child labour. The Committee requested the Government to take the necessary measures to ensure the removal, rehabilitation and social integration of children involved in commercial sexual exploitation.
The Committee notes the Government’s information that Rwanda has established the Isange One Stop Centres, which provide victims of sexual exploitation – including children – with shelter, medical treatment, psychosocial counselling and medical/legal aid under one roof, so as to avoid re-victimization. These centres are currently operational in 44 hospitals countrywide. Moreover, the Ministry of Gender and Family Promotion of Rwanda earmarked funds to all 30 districts to ensure the effective reintegration of victims of gender-based violence, child abuse and human trafficking. The Committee requests the Government to pursue its efforts to provide the necessary direct assistance to child victims of commercial sexual exploitation, and to ensure their rehabilitation and social integration. It further requests the Government to provide information on the number of persons under the age of 18 who have thus benefited from rehabilitation and social integration assistance.
2. Child soldiers. The Committee previously noted that the former child soldiers repatriated from the Democratic Republic of the Congo (DRC) had been reintegrated into society by the Rwanda Demobilization and Reintegration Programme (RDRP). The Committee further noted that gender-sensitive measures were employed through the RDRP regarding female ex-combatants. It therefore requested the Government to continue taking the necessary gender-sensitive measures to identify and socially integrate children, particularly girls who are affected by armed conflict within the framework of the disarmament, demobilization and reintegration process.
The Committee notes, from the replies of Rwanda to the list of issues in relation to its combined fifth and sixth reports to the CRC of 15 January 2020, that the RDRC continues to collaborate with MONUSCO, which is in charge of disarming members of armed groups in the DRC, after which MONUSCO shares information with RDRC for the repatriation process of withdrawn children. Returnees are thus given national identity cards; enrolled in formal education and in various vocational skills; assisted to set up income-generating activities; enrolled in the National health care scheme known as mutuelle de santé; and given access to their land. The Government indicates that the Rwanda Demobilization and Reintegration Commission (RDRC) has so far demobilized 985 former child soldiers, including two girls (CRC/C/RWA/RQ/5-6, para. 190). The Committee encourages the Government to continue its efforts and its collaboration with the MONUSCO in order remove children under 18 from the armed groups and ensure they receive adequate assistance for their rehabilitation and social integration, including reintegration into the school system or vocational training, wherever appropriate. It requests the Government to supply information on the results achieved in its next report, as well as the latest annual report of the RDRC.
Clause (d). Children at special risk. 1. HIV/AIDS orphans and other vulnerable children (OVCs). Following its previous comments, the Committee takes note of the Government’s statement that it is devoted to continuing to support HIV/AIDS orphans and OVCs in all spheres of life, which will ultimately shield them from child labour and other abuse. The Government indicates that, under the OVC program, partners have continued to implement case management models, whereby programme beneficiaries are provided with a broad range of services in accordance with their needs as identified in their household and individual care plans. The services offered to OVCs include: (i) care and support for people living with HIV; (ii) household economic strengthening actions (loans and savings groups, cooperatives, (iii) income generating activities or conditional household grants, as appropriate); (iv) work readiness education for youth to prepare them for employment and business opportunities; and (v) education support (primary and secondary school and market-based technical and vocational education and training – TVET). Other support provided to OVCs includes early childhood development (ECD) services for children under six years of age and their caregivers; child protection; home visits and linkages to other forms of support; and health promotion services, including referrals to health-related services that respond to beneficiaries’ unique needs in health, food security, nutrition, and water, sanitation and hygiene (WASH), gender-based violence (GBV) prevention and response, and HIV prevention and care. As appropriate, beneficiaries and community caregivers also received psychosocial support services and family planning messaging.
The Committee notes, however, that according to the 2020 estimates of UNAIDS, there are about 90,000 orphans aged 0 to 17 due to HIV/AIDS, compared with 70,000 in 2015. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee once again encourages the Government to continue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are protected from the worst forms of child labour.The Committee once again requests the Government to provide information on the results achieved in this regard in terms of number of OVCs who have benefited from these efforts.
2. Refugee children. Previously taking note of the increase in cases of child victims of trafficking, particularly refugee children, to the other East African countries and other destinations where they were exposed to forced agricultural and industrial labour, domestic work and prostitution, the Committee requested the Government to take effective and time-bound measures to protect refugee children, especially girls, from the worst forms of child labour.
The Committee notes the Government’s information that the Ministry in charge of Emergency Management has put in place mechanisms to prevent human trafficking and child labour in all refugee settings. In all refugee camps, there are specific implementing partners that closely ensure day-today prevention and mitigation of child labour and trafficking. They work closely with security organs whenever there is a suspect case to proactively anticipate and handle it in due course. The Government indicates that, so far, no case of child trafficking was identified in any refugee camp, but that awareness campaigns are regularly taking place within refugee settings and surrounding host communities.
The Committee notes that, in its concluding observations of 21 October 2021, the CMW, while noting the efforts of Rwanda to combat trafficking in persons, expresses concern about the limited knowledge about trafficking in persons in the country, including among local leaders, teachers, young people, the border community, refugees, implementing partners in refugee camps and the community in general (CMW/C/RWA/CO/2, para. 53). The Committee therefore requests the Government to continue its efforts to ensure that refugee children, particularly girls, are protected from the worst forms of child labour, including through intensified awareness-raising. The Committee requests the Government to continue providing information on the concrete measures taken and the results achieved in this regard.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 3(b) and 7(2)(b) of the Convention. Commercial sexual exploitation and direct assistance to child victims. The Committee previously noted, from the Government’s report to the Committee on the Rights of the Child (CRC) of 2012, that despite the efforts of the Government, children were still exploited in prostitution, and that orphans, children from poor areas and child domestic workers might be particularly vulnerable to becoming engaged in this worst form of child labour. The Committee noted the National Policy for Orphans and Other Vulnerable Children (OVCs), which sets specific objectives for protection and prevention mechanisms against child sexual exploitation, had been implemented and a gender-specific protocol and codes of conduct on protection of OVCs from exploitation had been developed. The Government further stated that child victims of sexual exploitation were provided with legal assistance, counselling and other services at the rehabilitation centres.
The Committee notes the Government’s information in its report that child protection committees and community police were established to ensure the implementation of laws, policies and strategies for the prevention and eradication of commercial sexual exploitation. However, the Committee notes that in its concluding observations on the combined seventh to ninth periodic reports of Rwanda of 9 March 2017, the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) expressed its concern at the increase in trafficking in adolescent girls for purposes of sexual exploitation under the pretext of offering them opportunities to study or work abroad and the relative low number of prosecutions and convictions of traffickers due to insufficient resources allocated to law enforcement (CEDAW/C/RWA/CO/7-9, paragraph 26). The Committee therefore requests the Government to take the necessary measures to protect children against commercial sexual exploitation, particularly by strengthening the capacity of the law enforcement bodies, including by means of allocating enough resources to this end, and to ensure the removal, rehabilitation and social integration of children involved in commercial sexual exploitation. It also requests the Government to continue providing information on the measures taken and the results achieved in this regard.
Articles 3(d) and 5. Hazardous work and monitoring mechanisms. Children working in the informal economy. The Committee previously noted that the Law Regulating Labour (2009) did not apply to the informal sector, and therefore children working in this sector did not benefit from the prohibition on child labour contained in this Law. The Government indicated that several awareness-raising campaigns against child labour had been conducted in the informal economy by labour inspectors in collaboration with government agencies, local authorities and NGOs. The Committee also noted that according to the findings of the Integrated Household Living Conditions Survey of 2010–11, the majority of children participating in economic activities worked in the informal sector, including 40.8 per cent in the agricultural sector and 31 per cent in the domestic service. The Committee further noted that the CRC expressed its concern at the high prevalence of child labour in rural areas particularly in the agricultural and domestic sectors, and that despite legal prohibitions, approximately 65,628 children were involved in hazardous work.
The Committee notes the Government’s information that Ministerial Guidelines No. 02 of 10/05/2016 include contents related to the prevention of child labour in the informal economy. The Government has also undertaken other preventive measures, including awareness-raising activities and income-generating programmes to reduce poverty. However, the Committee notes the concluding observations of the CEDAW of 9 March 2017 that despite the measures undertaken to reduce child labour, including domestic work, many girls living in poverty continue to be exploited as domestic workers, a condition in which they frequently face precarious conditions, labour exploitation, sexual abuse, violence and harassment (CEDAW/C/RWA/CO/7-9, paragraph 36). The Committee therefore requests the Government to strengthen its efforts to ensure that children working in the informal economy are protected against hazardous types of work. In this regard, it once again requests the Government to pursue its efforts to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy, particularly in the agricultural sector and domestic service. The Committee also requests the Government to provide information on the concrete measures taken and the results achieved in this regard, particularly under Ministerial Guidelines No. 02 of 10/05/2016.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and their rehabilitation and social integration. Child soldiers. The Committee previously noted that the former child soldiers repatriated from the Democratic Republic of the Congo (DRC) had been reintegrated into society by the Rwanda Demobilization and Reintegration Programme (RDRP). The rehabilitation and reintegration services provided by the RDRP included: medical screening, psychological counselling, civic education, literacy learning, family tracing and reunion, income-generating activities and reintegration into formal education and vocational training.
The Committee notes the Government’s information that within the framework of RDRP stage III, from 2009 to 2016, 263 child ex-combatants were demobilized after being identified through the verification screening in the demobilization centre and separated from adult ex-combatants. They were also issued with demobilization cards and ID cards. Children who were unable to find their families were provided foster families, group homes, independent living or institutionalization. The programme also extends additional support to families hosting child ex-combatants in formal education through the Vulnerable Support Window (VSW). The VSW grant is invested in income-generating activities, whose returns enables families to continue funding their children’s education on a sustainable basis. The Committee also notes that 280 children formerly associated with armed forces were repatriated from 2009 to 2016, all of whom were male. Moreover, 3,603 children dependants of ex-combatants were identified from 2009 to 2016, of which 1,812 were boys and 1,791 were girls. The Committee further notes the Government’s indication that gender-sensitive measures are employed through the RDRP regarding female ex-combatants who are screened by women and provided with safety and sanitary facilities during their stay at the demobilization centre. The Committee therefore requests the Government to continue taking the necessary gender-sensitive measures to identify and socially integrate children, particularly girls who are affected by armed conflict within the framework of the disarmament, demobilization and reintegration process. It also requests the Government to continue providing information on the measures taken and the results received regarding the rehabilitation and social integration of former child soldiers, including the number of children who have benefited from the activities of the RDRP.
Clause (d). Children at special risk. 1. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted that the Government had introduced several measures to support OVCs, such as providing school fees and school materials and support for income-generating activities to households with OVCs. The Committee also noted from a report of the Ministry of Health of Rwanda, entitled Global AIDS Response Progress Report of 2014, that through the coordination of the National Commission for Children, different partners, including UN agencies and NGOs provided support to orphans and OVCs on different components related to education, housing support, health and psychosocial support. According to this report, by the end of 2013, an estimated 44,096 girls and 35,991 boys were provided access to primary education; 30,765 girls and 24,096 boys were provided access to secondary education; 3,082 girls and 2,023 boys were provided vocational training; and 987 girls and 779 boys were provided shelter.
The Committee notes with interest the Government’s information that in order to ensure effective access to education of OVCs, the Government provided support to 1,369 children in secondary schools and 5,160 children in technical vocational training. The Committee also notes that, according to the 2015 estimation of the UNAIDS, there are about 70,000 orphans aged 0 to 17 due to HIV/AIDS, compared to 135,000 as indicated in the 2012 Country Progress Report to the UN General Assembly Special Session on HIV/AIDS (UNGASS). Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are protected from the worst forms of child labour, and to facilitate access to education for these children. The Committee also requests the Government to continue providing information on the concrete measures taken and the results achieved in this regard.
2. Refugee children. The Committee previously noted that the CRC expressed its concern at the increase in cases of child trafficking, and that children, particularly refugees, were victims of trafficking to the other East African countries and other destinations where they were exposed to forced agricultural and industrial labour, domestic work and prostitution. The CRC also expressed its concern about reports of adolescent girls disappearing from the refugee camps without their families being aware of their whereabouts.
The Committee notes the Government’s information that the appropriate institutions are taking measures to ensure the basic rights of children in refugee camps, including the right to health and the right to registration. Child rights committees are also established in refugee camps, aiming to prevent and respond to cases of neglect, abuse and exploitation against children, and to provide rehabilitation to child victims of gender-based violence and child labour. However, the Committee notes that the CEDAW expressed its concern at the high risk of trafficking for refugee girls in its concluding observations of 9 March 2017 (CEDAW/C/RWA/CO/7-9, paragraph 48). The Committee therefore once again requests the Government to take effective and time-bound measures to protect refugee children, particularly girls, from the worst forms of child labour. It also requests the Government to continue providing information on the concrete measures taken and the results achieved in this regard.
Clause (e). Special situation of girls. The Committee previously noted that, according to the statistical information provided by the Government, the number of girls enrolled in secondary education increased from 50.7 per cent in 2010 to 52.2 per cent in 2012.
The Committee notes the Government’s information that the number of girls enrolled in secondary education continues to increase. In 2015, there were 287,302 girls enrolled in secondary education, representing 52.8 per cent of total students. The Government also indicates that, in the lower secondary education, the drop-out rates have decreased from 2012 to 2015 for both girls and boys. There was no gender-disaggregated data in 2015. However, in 2013 and 2014, the drop-out rates of girls (14.9 per cent and 14.8 per cent) were higher than those of boys (14.6 per cent and 13.9 per cent). For the upper secondary education, the drop-out rates remained the same between 2012 and 2014 for girls (7.2 per cent), and decreased from 4.9 per cent to 4.5 per cent for boys. The overall drop-out rate decreased to 2.5 per cent in 2015. While taking due note of the continuous increase in the enrolment rates of girls at the secondary level, the Committee requests the Government to enhance its efforts to reduce the drop-out rates. It also requests the Government to continue to provide information on the measures taken and the results achieved in this regard. To the extent possible, this information should be disaggregated by age and gender.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 3(b) and 7(2)(b) of the Convention. Commercial sexual exploitation and direct assistance to child victims. The Committee previously noted, from the Government’s report to the Committee on the Rights of the Child (CRC) of 2012, that despite the efforts of the Government, children were still exploited in prostitution, and that orphans, children from poor areas and child domestic workers might be particularly vulnerable to becoming engaged in this worst form of child labour. The Committee noted the National Policy for Orphans and Other Vulnerable Children (OVCs), which sets specific objectives for protection and prevention mechanisms against child sexual exploitation, had been implemented and a gender-specific protocol and codes of conduct on protection of OVCs from exploitation had been developed. The Government further stated that child victims of sexual exploitation were provided with legal assistance, counselling and other services at the rehabilitation centres.
The Committee notes the Government’s information in its report that child protection committees and community police were established to ensure the implementation of laws, policies and strategies for the prevention and eradication of commercial sexual exploitation. However, the Committee notes that in its concluding observations on the combined seventh to ninth periodic reports of Rwanda of 9 March 2017, the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) expressed its concern at the increase in trafficking in adolescent girls for purposes of sexual exploitation under the pretext of offering them opportunities to study or work abroad and the relative low number of prosecutions and convictions of traffickers due to insufficient resources allocated to law enforcement (CEDAW/C/RWA/CO/7-9, paragraph 26). The Committee therefore requests the Government to take the necessary measures to protect children against commercial sexual exploitation, particularly by strengthening the capacity of the law enforcement bodies, including by means of allocating enough resources to this end, and to ensure the removal, rehabilitation and social integration of children involved in commercial sexual exploitation. It also requests the Government to continue providing information on the measures taken and the results achieved in this regard.
Articles 3(d) and 5. Hazardous work and monitoring mechanisms. Children working in the informal economy. The Committee previously noted that the Law Regulating Labour (2009) did not apply to the informal sector, and therefore children working in this sector did not benefit from the prohibition on child labour contained in this Law. The Government indicated that several awareness-raising campaigns against child labour had been conducted in the informal economy by labour inspectors in collaboration with government agencies, local authorities and NGOs. The Committee also noted that according to the findings of the Integrated Household Living Conditions Survey of 2010–11, the majority of children participating in economic activities worked in the informal sector, including 40.8 per cent in the agricultural sector and 31 per cent in the domestic service. The Committee further noted that the CRC expressed its concern at the high prevalence of child labour in rural areas particularly in the agricultural and domestic sectors, and that despite legal prohibitions, approximately 65,628 children were involved in hazardous work.
The Committee notes the Government’s information that Ministerial Guidelines No. 02 of 10/05/2016 include contents related to the prevention of child labour in the informal economy. The Government has also undertaken other preventive measures, including awareness-raising activities and income-generating programmes to reduce poverty. However, the Committee notes the concluding observations of the CEDAW of 9 March 2017 that despite the measures undertaken to reduce child labour, including domestic work, many girls living in poverty continue to be exploited as domestic workers, a condition in which they frequently face precarious conditions, labour exploitation, sexual abuse, violence and harassment (CEDAW/C/RWA/CO/7-9, paragraph 36). The Committee therefore requests the Government to strengthen its efforts to ensure that children working in the informal economy are protected against hazardous types of work. In this regard, it once again requests the Government to pursue its efforts to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy, particularly in the agricultural sector and domestic service. The Committee also requests the Government to provide information on the concrete measures taken and the results achieved in this regard, particularly under Ministerial Guidelines No. 02 of 10/05/2016.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and their rehabilitation and social integration. Child soldiers. The Committee previously noted that the former child soldiers repatriated from the Democratic Republic of the Congo (DRC) had been reintegrated into society by the Rwanda Demobilization and Reintegration Programme (RDRP). The rehabilitation and reintegration services provided by the RDRP included: medical screening, psychological counselling, civic education, literacy learning, family tracing and reunion, income-generating activities and reintegration into formal education and vocational training.
The Committee notes the Government’s information that within the framework of RDRP stage III, from 2009 to 2016, 263 child ex-combatants were demobilized after being identified through the verification screening in the demobilization centre and separated from adult ex-combatants. They were also issued with demobilization cards and ID cards. Children who were unable to find their families were provided foster families, group homes, independent living or institutionalization. The programme also extends additional support to families hosting child ex-combatants in formal education through the Vulnerable Support Window (VSW). The VSW grant is invested in income-generating activities, whose returns enables families to continue funding their children’s education on a sustainable basis. The Committee also notes that 280 children formerly associated with armed forces were repatriated from 2009 to 2016, all of whom were male. Moreover, 3,603 children dependants of ex-combatants were identified from 2009 to 2016, of which 1,812 were boys and 1,791 were girls. The Committee further notes the Government’s indication that gender-sensitive measures are employed through the RDRP regarding female ex-combatants who are screened by women and provided with safety and sanitary facilities during their stay at the demobilization centre. The Committee therefore requests the Government to continue taking the necessary gender-sensitive measures to identify and socially integrate children, particularly girls who are affected by armed conflict within the framework of the disarmament, demobilization and reintegration process. It also requests the Government to continue providing information on the measures taken and the results received regarding the rehabilitation and social integration of former child soldiers, including the number of children who have benefited from the activities of the RDRP.
Clause (d). Children at special risk. 1. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted that the Government had introduced several measures to support OVCs, such as providing school fees and school materials and support for income-generating activities to households with OVCs. The Committee also noted from a report of the Ministry of Health of Rwanda, entitled Global AIDS Response Progress Report of 2014, that through the coordination of the National Commission for Children, different partners, including UN agencies and NGOs provided support to orphans and OVCs on different components related to education, housing support, health and psychosocial support. According to this report, by the end of 2013, an estimated 44,096 girls and 35,991 boys were provided access to primary education; 30,765 girls and 24,096 boys were provided access to secondary education; 3,082 girls and 2,023 boys were provided vocational training; and 987 girls and 779 boys were provided shelter.
The Committee notes with interest the Government’s information that in order to ensure effective access to education of OVCs, the Government provided support to 1,369 children in secondary schools and 5,160 children in technical vocational training. The Committee also notes that, according to the 2015 estimation of the UNAIDS, there are about 70,000 orphans aged 0 to 17 due to HIV/AIDS, compared to 135,000 as indicated in the 2012 Country Progress Report to the UN General Assembly Special Session on HIV/AIDS (UNGASS). Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are protected from the worst forms of child labour, and to facilitate access to education for these children. The Committee also requests the Government to continue providing information on the concrete measures taken and the results achieved in this regard.
2. Refugee children. The Committee previously noted that the CRC expressed its concern at the increase in cases of child trafficking, and that children, particularly refugees, were victims of trafficking to the other East African countries and other destinations where they were exposed to forced agricultural and industrial labour, domestic work and prostitution. The CRC also expressed its concern about reports of adolescent girls disappearing from the refugee camps without their families being aware of their whereabouts.
The Committee notes the Government’s information that the appropriate institutions are taking measures to ensure the basic rights of children in refugee camps, including the right to health and the right to registration. Child rights committees are also established in refugee camps, aiming to prevent and respond to cases of neglect, abuse and exploitation against children, and to provide rehabilitation to child victims of gender-based violence and child labour. However, the Committee notes that the CEDAW expressed its concern at the high risk of trafficking for refugee girls in its concluding observations of 9 March 2017 (CEDAW/C/RWA/CO/7-9, paragraph 48). The Committee therefore once again requests the Government to take effective and time-bound measures to protect refugee children, particularly girls, from the worst forms of child labour. It also requests the Government to continue providing information on the concrete measures taken and the results achieved in this regard.
Clause (e). Special situation of girls. The Committee previously noted that, according to the statistical information provided by the Government, the number of girls enrolled in secondary education increased from 50.7 per cent in 2010 to 52.2 per cent in 2012.
The Committee notes the Government’s information that the number of girls enrolled in secondary education continues to increase. In 2015, there were 287,302 girls enrolled in secondary education, representing 52.8 per cent of total students. The Government also indicates that, in the lower secondary education, the drop-out rates have decreased from 2012 to 2015 for both girls and boys. There was no gender-disaggregated data in 2015. However, in 2013 and 2014, the drop-out rates of girls (14.9 per cent and 14.8 per cent) were higher than those of boys (14.6 per cent and 13.9 per cent). For the upper secondary education, the drop-out rates remained the same between 2012 and 2014 for girls (7.2 per cent), and decreased from 4.9 per cent to 4.5 per cent for boys. The overall drop-out rate decreased to 2.5 per cent in 2015. While taking due note of the continuous increase in the enrolment rates of girls at the secondary level, the Committee requests the Government to enhance its efforts to reduce the drop-out rates. It also requests the Government to continue to provide information on the measures taken and the results achieved in this regard. To the extent possible, this information should be disaggregated by age and gender.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 3(b) and 7(2)(b) of the Convention. Commercial sexual exploitation and direct assistance to child victims. The Committee previously noted, from the Government’s report to the Committee on the Rights of the Child (CRC) of 2012, that despite the efforts of the Government, children were still exploited in prostitution, and that orphans, children from poor areas and child domestic workers might be particularly vulnerable to becoming engaged in this worst form of child labour. The Committee noted the National Policy for Orphans and Other Vulnerable Children (OVCs), which sets specific objectives for protection and prevention mechanisms against child sexual exploitation, had been implemented and a gender-specific protocol and codes of conduct on protection of OVCs from exploitation had been developed. The Government further stated that child victims of sexual exploitation were provided with legal assistance, counselling and other services at the rehabilitation centres.
The Committee notes the Government’s information in its report that child protection committees and community police were established to ensure the implementation of laws, policies and strategies for the prevention and eradication of commercial sexual exploitation. However, the Committee notes that in its concluding observations on the combined seventh to ninth periodic reports of Rwanda of 9 March 2017, the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) expressed its concern at the increase in trafficking in adolescent girls for purposes of sexual exploitation under the pretext of offering them opportunities to study or work abroad and the relative low number of prosecutions and convictions of traffickers due to insufficient resources allocated to law enforcement (CEDAW/C/RWA/CO/7-9, paragraph 26). The Committee therefore requests the Government to take the necessary measures to protect children against commercial sexual exploitation, particularly by strengthening the capacity of the law enforcement bodies, including by means of allocating enough resources to this end, and to ensure the removal, rehabilitation and social integration of children involved in commercial sexual exploitation. It also requests the Government to continue providing information on the measures taken and the results achieved in this regard.
Articles 3(d) and 5. Hazardous work and monitoring mechanisms. Children working in the informal economy. The Committee previously noted that the Law Regulating Labour (2009) did not apply to the informal sector, and therefore children working in this sector did not benefit from the prohibition on child labour contained in this Law. The Government indicated that several awareness-raising campaigns against child labour had been conducted in the informal economy by labour inspectors in collaboration with government agencies, local authorities and NGOs. The Committee also noted that according to the findings of the Integrated Household Living Conditions Survey of 2010–11, the majority of children participating in economic activities worked in the informal sector, including 40.8 per cent in the agricultural sector and 31 per cent in the domestic service. The Committee further noted that the CRC expressed its concern at the high prevalence of child labour in rural areas particularly in the agricultural and domestic sectors, and that despite legal prohibitions, approximately 65,628 children were involved in hazardous work.
The Committee notes the Government’s information that Ministerial Guidelines No. 02 of 10/05/2016 include contents related to the prevention of child labour in the informal economy. The Government has also undertaken other preventive measures, including awareness-raising activities and income-generating programmes to reduce poverty. However, the Committee notes the concluding observations of the CEDAW of 9 March 2017 that despite the measures undertaken to reduce child labour, including domestic work, many girls living in poverty continue to be exploited as domestic workers, a condition in which they frequently face precarious conditions, labour exploitation, sexual abuse, violence and harassment (CEDAW/C/RWA/CO/7-9, paragraph 36). The Committee therefore requests the Government to strengthen its efforts to ensure that children working in the informal economy are protected against hazardous types of work. In this regard, it once again requests the Government to pursue its efforts to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy, particularly in the agricultural sector and domestic service. The Committee also requests the Government to provide information on the concrete measures taken and the results achieved in this regard, particularly under Ministerial Guidelines No. 02 of 10/05/2016.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and their rehabilitation and social integration. Child soldiers. The Committee previously noted that the former child soldiers repatriated from the Democratic Republic of the Congo (DRC) had been reintegrated into society by the Rwanda Demobilization and Reintegration Programme (RDRP). The rehabilitation and reintegration services provided by the RDRP included: medical screening, psychological counselling, civic education, literacy learning, family tracing and reunion, income-generating activities and reintegration into formal education and vocational training.
The Committee notes the Government’s information that within the framework of RDRP stage III, from 2009 to 2016, 263 child ex-combatants were demobilized after being identified through the verification screening in the demobilization centre and separated from adult ex-combatants. They were also issued with demobilization cards and ID cards. Children who were unable to find their families were provided foster families, group homes, independent living or institutionalization. The programme also extends additional support to families hosting child ex-combatants in formal education through the Vulnerable Support Window (VSW). The VSW grant is invested in income-generating activities, whose returns enables families to continue funding their children’s education on a sustainable basis. The Committee also notes that 280 children formerly associated with armed forces were repatriated from 2009 to 2016, all of whom were male. Moreover, 3,603 children dependants of ex-combatants were identified from 2009 to 2016, of which 1,812 were boys and 1,791 were girls. The Committee further notes the Government’s indication that gender-sensitive measures are employed through the RDRP regarding female ex-combatants who are screened by women and provided with safety and sanitary facilities during their stay at the demobilization centre. The Committee therefore requests the Government to continue taking the necessary gender-sensitive measures to identify and socially integrate children, particularly girls who are affected by armed conflict within the framework of the disarmament, demobilization and reintegration process. It also requests the Government to continue providing information on the measures taken and the results received regarding the rehabilitation and social integration of former child soldiers, including the number of children who have benefited from the activities of the RDRP.
Clause (d). Children at special risk. 1. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted that the Government had introduced several measures to support OVCs, such as providing school fees and school materials and support for income-generating activities to households with OVCs. The Committee also noted from a report of the Ministry of Health of Rwanda, entitled Global AIDS Response Progress Report of 2014, that through the coordination of the National Commission for Children, different partners, including UN agencies and NGOs provided support to orphans and OVCs on different components related to education, housing support, health and psychosocial support. According to this report, by the end of 2013, an estimated 44,096 girls and 35,991 boys were provided access to primary education; 30,765 girls and 24,096 boys were provided access to secondary education; 3,082 girls and 2,023 boys were provided vocational training; and 987 girls and 779 boys were provided shelter.
The Committee notes with interest the Government’s information that in order to ensure effective access to education of OVCs, the Government provided support to 1,369 children in secondary schools and 5,160 children in technical vocational training. The Committee also notes that, according to the 2015 estimation of the UNAIDS, there are about 70,000 orphans aged 0 to 17 due to HIV/AIDS, compared to 135,000 as indicated in the 2012 Country Progress Report to the UN General Assembly Special Session on HIV/AIDS (UNGASS). Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are protected from the worst forms of child labour, and to facilitate access to education for these children. The Committee also requests the Government to continue providing information on the concrete measures taken and the results achieved in this regard.
2. Refugee children. The Committee previously noted that the CRC expressed its concern at the increase in cases of child trafficking, and that children, particularly refugees, were victims of trafficking to the other East African countries and other destinations where they were exposed to forced agricultural and industrial labour, domestic work and prostitution. The CRC also expressed its concern about reports of adolescent girls disappearing from the refugee camps without their families being aware of their whereabouts.
The Committee notes the Government’s information that the appropriate institutions are taking measures to ensure the basic rights of children in refugee camps, including the right to health and the right to registration. Child rights committees are also established in refugee camps, aiming to prevent and respond to cases of neglect, abuse and exploitation against children, and to provide rehabilitation to child victims of gender-based violence and child labour. However, the Committee notes that the CEDAW expressed its concern at the high risk of trafficking for refugee girls in its concluding observations of 9 March 2017 (CEDAW/C/RWA/CO/7-9, paragraph 48). The Committee therefore once again requests the Government to take effective and time-bound measures to protect refugee children, particularly girls, from the worst forms of child labour. It also requests the Government to continue providing information on the concrete measures taken and the results achieved in this regard.
Clause (e). Special situation of girls. The Committee previously noted that, according to the statistical information provided by the Government, the number of girls enrolled in secondary education increased from 50.7 per cent in 2010 to 52.2 per cent in 2012.
The Committee notes the Government’s information that the number of girls enrolled in secondary education continues to increase. In 2015, there were 287,302 girls enrolled in secondary education, representing 52.8 per cent of total students. The Government also indicates that, in the lower secondary education, the drop-out rates have decreased from 2012 to 2015 for both girls and boys. There was no gender-disaggregated data in 2015. However, in 2013 and 2014, the drop-out rates of girls (14.9 per cent and 14.8 per cent) were higher than those of boys (14.6 per cent and 13.9 per cent). For the upper secondary education, the drop-out rates remained the same between 2012 and 2014 for girls (7.2 per cent), and decreased from 4.9 per cent to 4.5 per cent for boys. The overall drop-out rate decreased to 2.5 per cent in 2015. While taking due note of the continuous increase in the enrolment rates of girls at the secondary level, the Committee requests the Government to enhance its efforts to reduce the drop-out rates. It also requests the Government to continue to provide information on the measures taken and the results achieved in this regard. To the extent possible, this information should be disaggregated by age and gender.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 3 of the Convention. Clause (d). Hazardous work. Self-employed workers. With regard to the scope of application of the provisions of the Law Regulating Labour (2009) to children performing hazardous work in the informal sector or on a self-employed basis, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138). Noting that, according to the findings of the Integrated Household Living Conditions Survey of 2010–11 that a majority of children engaged in economic activities work in the agricultural sector and in domestic services, the Committee requests the Government to strengthen its measures to ensure that self-employed children, and those working in the informal economy, are protected against hazardous types of work.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Child soldiers. Following its previous comments, the Committee notes the Government’s information that the former child soldiers repatriated from the Democratic Republic of the Congo (DRC) have been reintegrated into society by the Rwanda Demobilization and Reintegration Commission (RDRC). The Government’s report indicates that the rehabilitation and reintegration services provided by the RDRC include: medical screening, psychological counselling, civic education, literacy learning, family tracing and reunion, income-generating activities and reintegration into formal education and vocational training. The Committee also notes the Government’s information that from 2009 to September 2013, the RDRC reintegrated and rehabilitated 229 child soldiers from DRC. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of July 2013 on the initial report of Rwanda under the Optional Protocol to the Convention on the involvement of children in armed conflict, expressed concern at the low rate of repatriation of Rwandan children, particularly girls, and at the absence of gender-specific programmes to address the specific challenges and needs of girls in the Disarmament, Demobilization and Reintegration (DDR) process (CRC/C/OPAC/RWA/CO/1, paragraph 21). The Committee requests the Government to take the necessary gender-sensitive measures to repatriate and reintegrate children, particularly girls who are affected by armed conflict within the framework of the DDR process. The Committee also requests the Government to pursue its efforts to ensure that former child soldiers receive appropriate assistance for their rehabilitation and social reintegration. It requests the Government to continue providing information on the number of children, including girls, who have benefited from the activities of the RDRC.
2. Commercial sexual exploitation. The Committee previously noted the Government’s statement in its report to the CRC of 1 March 2012 that, despite the efforts of the Government, children are still exploited in prostitution, and that orphans, children from poor areas and child domestic workers may be particularly vulnerable to becoming engaged in this worst form of child labour (CRC/C/RWA/3 4, paragraphs 366, 399 and 403). The Committee, therefore, requested the Government to strengthen its efforts to protect children under 18 years from engaging in prostitution and to ensure that such victims have access to appropriate services for their rehabilitation and social reintegration.
The Committee notes the Government’s information that a National Policy for Orphans and Other Vulnerable children (OVCs), which sets specific objectives for protection and prevention mechanisms against child sexual exploitation, has been implemented and a gender-specific Protocol and codes of conduct on protection of OVCs from exploitation has been developed. The Government further states that child victims of sexual exploitation are provided with legal assistance, counselling and other services at the rehabilitation centres. The Committee requests the Government to pursue its efforts for the removal, rehabilitation and social integration of children involved in commercial sexual exploitation. It requests the Government to continue providing information on the measures taken to this end, and information on the number of child victims of sexual exploitation who have benefited from the rehabilitation centres.
Clause (d). Children at special risk. 1. HIV/AIDS orphans and other OVCs. Following its previous comments, the Committee notes from the Government’s report that it has introduced several measures to support OVCs, such as providing school fees and school materials and support for income-generating activities to households with OVCs. The Committee also notes from a report of the Ministry of Health of Rwanda, entitled Global AIDS Response Progress Report of 2014, that through the coordination of the National Commission for Children (NCC), different partners, including UN agencies and NGOs provide support to orphans and OVCs on different components related to education, housing support, health, and psychosocial support. According to this report, by the end of 2013, an estimated 44,096 girls and 35,991 boys were provided access to primary education; 30,765 girls and 24,096 boys were provided access to secondary education; 3,082 girls and 2,023 boys were provided vocational training; and 987 girls and 779 boys were provided shelter. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from the worst forms of child labour. It also encourages the Government to continue to take measures to facilitate access to education for these children. Lastly, the Committee requests the Government to continue providing information on the concrete measures taken in this regard and on the results achieved.
2. Refugee children. The Committee notes that the CRC, in its concluding observations of July 2013 on the initial report of Rwanda on the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography expressed its concern at the increase of cases of child trafficking, and that children, particularly refugees, are victims of trafficking to the other East African countries and other destinations where they are exposed to forced agricultural and industrial labour, domestic work and prostitution. The CRC also expressed concern about reports of adolescent girls disappearing from the refugee camps without their families being aware of their whereabouts (CRC/C/OPSC/RWA/CO/1, paragraphs 22–23). The Committee requests the Government to take effective and time-bound measures to protect refugee children from the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.
Clause (e). Special situation of girls. Following its previous comments, the Committee notes the statistical information on the school enrolment rates provided by the Government. According to this information, the number of girls enrolled in secondary education increased from 50.7 per cent in 2010 to 52.2 per cent in 2012. 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 pursue its efforts to raise the enrolment rates and reduce the drop-out rates of girls at the secondary level. It requests the Government to continue to provide information on the measures taken in this regard, and the results achieved.
Application of the Convention in practice. Following its previous comments, the Committee notes the information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), that within the framework of the National Policy on Elimination of Child Labour and its five-year Action Plan (NAP) adopted in 2013, a total of 105 children were withdrawn from child labour from the agricultural sector and a total of 8,575 children were withdrawn from other sectors and reintegrated into formal schools and vocational training. It also notes the information from the ILO–IPEC project report (Global Action Plan (GAP) report) that since 2013 the project financed the training of 35 labour inspectors on child labour monitoring systems, development of strategies on fighting child labour and new reporting system techniques. In addition, a campaign to sensitize social affairs and education staff at the sector level on the elimination of child labour policy was implemented in ten training centres representing 30 districts in four provinces and Kigali City and targeted 416 social affairs and 416 education officers. The Committee notes, however, that the CRC, in its concluding observations of July 2013, expressed concern about the high prevalence of child labour in rural areas particularly in the agricultural and domestic sectors, and that despite legal prohibitions, approximately 65,628 children are involved in hazardous work (CRC/C/RWA/CO/3-4, paragraph 60). The Committee requests the Government to strengthen its efforts to ensure the protection of persons under 18 years of age from the worst forms of child labour, within the frame work of the NAP. It requests the Government to provide information on the concrete measures taken in this regard and on the results achieved. It also requests the Government to take the necessary measures to ensure that information is made available on 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, the number and nature of reported violations, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. Clause (d). Hazardous work. Self-employed workers. With regard to the scope of application of the provisions of the Law Regulating Labour (2009) to children performing hazardous work in the informal sector or on a self-employed basis, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138). Noting that, according to the findings of the Integrated Household Living Conditions Survey of 2010–11 that a majority of children engaged in economic activities work in the agricultural sector and in domestic services, the Committee requests the Government to strengthen its measures to ensure that self-employed children, and those working in the informal economy, are protected against hazardous types of work.
Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Child soldiers. Following its previous comments, the Committee notes the Government’s information that the former child soldiers repatriated from the Democratic Republic of the Congo (DRC) have been reintegrated into society by the Rwanda Demobilization and Reintegration Commission (RDRC). The Government’s report indicates that the rehabilitation and reintegration services provided by the RDRC include: medical screening, psychological counselling, civic education, literacy learning, family tracing and reunion, income-generating activities and reintegration into formal education and vocational training. The Committee also notes the Government’s information that from 2009 to September 2013, the RDRC reintegrated and rehabilitated 229 child soldiers from DRC. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of July 2013 on the initial report of Rwanda under the Optional Protocol to the Convention on the involvement of children in armed conflict, expressed concern at the low rate of repatriation of Rwandan children, particularly girls, and at the absence of gender-specific programmes to address the specific challenges and needs of girls in the Disarmament, Demobilization and Reintegration (DDR) process (CRC/C/OPAC/RWA/CO/1, paragraph 21). The Committee requests the Government to take the necessary gender-sensitive measures to repatriate and reintegrate children, particularly girls who are affected by armed conflict within the framework of the DDR process. The Committee also requests the Government to pursue its efforts to ensure that former child soldiers receive appropriate assistance for their rehabilitation and social reintegration. It requests the Government to continue providing information on the number of children, including girls, who have benefited from the activities of the RDRC.
2. Commercial sexual exploitation. The Committee previously noted the Government’s statement in its report to the CRC of 1 March 2012 that, despite the efforts of the Government, children are still exploited in prostitution, and that orphans, children from poor areas and child domestic workers may be particularly vulnerable to becoming engaged in this worst form of child labour (CRC/C/RWA/3-4, paragraphs 366, 399 and 403). The Committee, therefore, requested the Government to strengthen its efforts to protect children under 18 years from engaging in prostitution and to ensure that such victims have access to appropriate services for their rehabilitation and social reintegration.
The Committee notes the Government’s information that a National Policy for Orphans and Other Vulnerable children (OVCs), which sets specific objectives for protection and prevention mechanisms against child sexual exploitation, has been implemented and a gender-specific Protocol and codes of conduct on protection of OVCs from exploitation has been developed. The Government further states that child victims of sexual exploitation are provided with legal assistance, counselling and other services at the rehabilitation centres. The Committee requests the Government to pursue its efforts for the removal, rehabilitation and social integration of children involved in commercial sexual exploitation. It requests the Government to continue providing information on the measures taken to this end, and information on the number of child victims of sexual exploitation who have benefited from the rehabilitation centres.
Clause (d). Children at special risk. 1. HIV/AIDS orphans and other OVCs. Following its previous comments, the Committee notes from the Government’s report that it has introduced several measures to support OVCs, such as providing school fees and school materials and support for income-generating activities to households with OVCs. The Committee also notes from a report of the Ministry of Health of Rwanda, entitled Global AIDS Response Progress Report of 2014, that through the coordination of the National Commission for Children (NCC), different partners, including UN agencies and NGOs provide support to orphans and OVCs on different components related to education, housing support, health, and psychosocial support. According to this report, by the end of 2013, an estimated 44,096 girls and 35,991 boys were provided access to primary education; 30,765 girls and 24,096 boys were provided access to secondary education; 3,082 girls and 2,023 boys were provided vocational training; and 987 girls and 779 boys were provided shelter. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from the worst forms of child labour. It also encourages the Government to continue to take measures to facilitate access to education for these children. Lastly, the Committee requests the Government to continue providing information on the concrete measures taken in this regard and on the results achieved.
2. Refugee children. The Committee notes that the CRC, in its concluding observations of July 2013 on the initial report of Rwanda on the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography expressed its concern at the increase of cases of child trafficking, and that children, particularly refugees, are victims of trafficking to the other East African countries and other destinations where they are exposed to forced agricultural and industrial labour, domestic work and prostitution. The CRC also expressed concern about reports of adolescent girls disappearing from the refugee camps without their families being aware of their whereabouts (CRC/C/OPSC/RWA/CO/1, paragraphs 22–23). The Committee requests the Government to take effective and time-bound measures to protect refugee children from the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.
Clause (e). Special situation of girls. Following its previous comments, the Committee notes the statistical information on the school enrolment rates provided by the Government. According to this information, the number of girls enrolled in secondary education increased from 50.7 per cent in 2010 to 52.2 per cent in 2012. 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 pursue its efforts to raise the enrolment rates and reduce the drop-out rates of girls at the secondary level. It requests the Government to continue to provide information on the measures taken in this regard, and the results achieved.
Application of the Convention in practice. Following its previous comments, the Committee notes the information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), that within the framework of the National Policy on Elimination of Child Labour and its five-year Action Plan (NAP) adopted in 2013, a total of 105 children were withdrawn from child labour from the agricultural sector and a total of 8,575 children were withdrawn from other sectors and reintegrated into formal schools and vocational training. It also notes the information from the ILO–IPEC project report (Global Action Plan (GAP) report) that since 2013 the project financed the training of 35 labour inspectors on child labour monitoring systems, development of strategies on fighting child labour and new reporting system techniques. In addition, a campaign to sensitize social affairs and education staff at the sector level on the elimination of child labour policy was implemented in ten training centres representing 30 districts in four provinces and Kigali City and targeted 416 social affairs and 416 education officers. The Committee notes, however, that the CRC, in its concluding observations of July 2013, expressed concern about the high prevalence of child labour in rural areas particularly in the agricultural and domestic sectors, and that despite legal prohibitions, approximately 65,628 children are involved in hazardous work (CRC/C/RWA/CO/3-4, paragraph 60). The Committee requests the Government to strengthen its efforts to ensure the protection of persons under 18 years of age from the worst forms of child labour, within the frame work of the NAP. It requests the Government to provide information on the concrete measures taken in this regard and on the results achieved. It also requests the Government to take the necessary measures to ensure that information is made available on 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, the number and nature of reported violations, investigations, prosecutions, convictions and penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 3 of the Convention. Clause (d). Hazardous work. Self-employed workers. In its previous comments, the Committee noted that while the Law Regulating Labour (2009) prohibits engaging children under 18 in work that is likely to harm their health, this legislation did not appear to cover children working in the informal sector or on a self-employed basis (pursuant to sections 2 and 3(3)). It therefore requested information on the measures taken to protect children working in these sectors from performing hazardous types of work.
The Committee noted the Government’s statement that the National Action Plan for the Elimination of Child Labour (NAP) is being revised, and one of the reasons for its revision is to ensure the establishment of efficient measures aimed at curbing child labour in the informal economy and for self-employed children. The Committee requests the Government to provide information in its next report on the measures taken within the framework of the NAP, once revised, to ensure that self-employed children, and those working in the informal economy, are protected against hazardous types of work.
Article 6. Programmes of action. The Committee previously noted that a draft NAP was developed in 2007 which contained a focus on the worst forms of child labour.
The Committee noted the Government’s statement that the NAP is being revised, and that its adoption is expected soon. The Committee urges 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. The Committee previously requested the Government to indicate the regulation or legislation which establishes sufficiently effective and dissuasive penalties for persons who recruit children under 18 for use in armed conflict or engage children in hazardous work.
The Committee noted that section 72 of the Law Regulating Labour (2009) makes it an offence to subject children under 18 to the worst forms of child labour. The Committee took due note that section 168 of the Law Regulating Labour (2009) states that, subject to the provisions of the Penal Code of Rwanda, a person found guilty of the offence referred to in section 72, shall be liable to a term of imprisonment ranging from six months to 20 years and a fine of 500,000 to 5 million Rwandan francs (RWF) (approximately USD$830 to $8,300) or to one of these penalties. The Committee also noted with interest that pursuant to section 221 of the Penal Code of 2012, any person who exploits a child by involving him or her in armed conflict shall be liable to a term of imprisonment of five years to seven years and a fine of RWF5 million to RWF10 million (approximately $8,305 to $16,611). If this offence is committed within the framework of a criminal organization (even if the offender is not among the leaders of such an organization) the penalty shall be a term of imprisonment of seven years to ten years and a fine of RWF10 million to RWF20 million (approximately $16,611 to $33,222), and if the child is involved in transnational armed conflicts, the penalty shall be a term of imprisonment of ten years to 15 years and a fine of RWA20 million to RWF30 million (approximately $33,222 to $49,833). The Committee requests the Government to provide information on the application in practice of section 168 of the Law Regulating Labour (2009) and section 221 of the Penal Code of 2012, including the number of investigations, prosecutions, convictions and the specific penalties applied.
Article 7(2). Effective and time-bound measures. Clause (b). 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 the Rwanda Demobilization and Reintegration Commission (RDRC) was responsible for reintegrating children affected by armed conflict. Through the RDRC, former child combatants are provided with rehabilitation, family tracing, family mediation, reunification, the provision of a take-home kit and reintegration support (including formal education, vocational training, income-generation assistance and life-skills training). The Government indicated that stage III of the Rwanda Demobilization and Reintegration Programme planned to help 3,300 child ex-combatants demobilize and reintegrate.
The Committee noted the Government’s statement that it continues to provide psychosocial rehabilitation, professional orientation and training services for children associated with armed rebel groups operating in the Democratic Republic of Congo. In this regard, the Committee noted the information from the report of the Secretary-General on children and armed conflict that 40 of the 1,244 children separated from armed forces and groups in 2011 in North Kivu, South Kivu and Orientale Province in the Democratic Republic of Congo were Rwandans (26 April 2012, A/66/782-S/2012/261, paragraph 189). Taking due note of the comprehensive measures taken by the Government in this regard, the Committee urges the Government to pursue its efforts to ensure that former child soldiers receive appropriate assistance for their rehabilitation and social reintegration. It requests the Government to continue to provide recent information on measures taken in this regard, including the number of children who have benefited from the activities of the RDRC.
2. Commercial sexual exploitation. In its previous comments, the Committee noted the concern expressed by the Committee on the Rights of the Child (CRC), in its concluding observations of July 2004 (CRC/C/15/Add. 234, paragraph 16), about the increasing number of child victims of sexual exploitation, especially among girls, orphans and other disadvantaged children. The Committee also noted that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 8 September 2009, expressed concern at the criminalization of women and girls involved in prostitution (CEDAW/C/RWA/CO/6, paragraph 27). The Committee further noted the information in the draft 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. Lastly, the Committee noted 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 strongly encouraged the Government to take measures to ensure that child victims of commercial exploitation are treated as victims rather than offenders.
The Committee noted the Government’s statement that child victims of commercial sexual exploitation are not treated as offenders. The Government stated that they are treated as victims and given rehabilitative services, and that it continues its efforts to ensure that child victims are protected through strengthening laws and national policy. The Committee also noted the Government’s statement that further strategies will be adopted within the revision of the NAP. The Committee further notes the Government’s statement in its report to the CRC of 1 March 2012 that, despite the efforts of the Government, children are still exploited in prostitution, and that orphans, children from poor areas and child domestic workers may be particularly vulnerable to becoming engaged in this worst form of child labour (CRC/C/RWA/3-4, paragraphs 366, 399 and 403). In this regard, the Committee requests the Government to strengthen its efforts to protect children under 18 from engaging in prostitution, and to ensure that such victims have access to appropriate services for their rehabilitation and social reintegration. It also requests the Government to provide information on measures taken in this respect, particularly with regard to children from poor areas, orphans and other vulnerable children.
Clause (d). Children at special risk. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted the Government’s indication in its UN General Assembly Special Session on HIV/AIDS (UNGASS) Country Progress Report of March 2010 that while programmes for OVC support had 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. Additionally, while 91 per cent of non-orphans aged 10–14 attended school, only 74.6 per cent of orphans did.
The Committee noted the Government’s statement that through the revision of the NAP, the aspect of HIV/AIDS as a potential cause of child labour is being emphasized, and new strategies to prevent HIV/AIDS orphans from becoming involved in child labour will be set. The Government also stated that an Orphans and Vulnerable Children Policy has been adopted, to facilitate children of school-going age to attend school. The Committee further noted the Government’s information in its Country Progress Report to UNGASS of 30 March 2012 that there are approximately 135,000 orphans and vulnerable children under 18 years of age in the country. The Government indicated that, according to the Ministry of Gender and Family Promotion, these children have a harder time accessing education and have poorer living conditions than other groups in the country, and that this remains a challenge for the Government. However, this report also indicates an increase in the per cent of orphans who are attending school, with approximately 84 per cent of orphan girls attending school (compared to 96 per cent for non-orphans), and approximately 91 per cent of orphan boys attending school (compared to 96 per cent of non-orphan boys). Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts, including through the revision of the NAP, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. It also encourages the Government to continue to take measures to facilitate access to education for these children. Lastly, 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 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). It also noted that the Ministry of Education had developed a policy on girls’ education.
The Committee noted the Government’s statement that it has provided a specific budget line for the Girls’ Education Strategic Plan 2009–13. The Committee also noted that a Girls’ Education Task Force has been put in place for synergy among the collective efforts of all partners in improving access and quality of girls’ education. The Government indicated that separate facilities were established in some schools to create a more conducive environment to girls’ attendance. The Government further stated that the enrolment rate and attendance rate for girls has been increasing on a yearly basis, with an increase of nearly 100,000 girls attending primary school between 2007 and 2011, and the net enrolment rate of girls for primary school rising to 97.5 per cent. However, the Committee noted that while the number of girls attending secondary school did increase over the same period, the net enrolment rate for girls in secondary education was only 27.2 per cent in 2011. 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 pursue its efforts, within the framework of the Girls’ Education Strategic Plan of the Ministry of Education, to raise the enrolment rates of girls at the secondary level. It requests the Government to continue 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 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 also noted that Rwanda is a source and destination country for child victims of trafficking for the purposes of forced labour and commercial sexual exploitation. The Committee further noted the statement in the draft NAP that children in Rwanda are victims of commercial sexual exploitation, are used for the purpose of begging and are engaged in hazardous types of work in mines and in brickwork.
The Committee noted the Government’s statement that inspections carried out by labour inspectors cover the whole territory of the country. The Government stated that appropriate measures will continue to be taken to ensure that the reports of labour inspectors cover information regarding the worst forms of child labour. The Committee also noted the Government’s statement that the revision of the NAP will help to establish a mechanism for effective monitoring and evaluation including regular data collection regarding the worst forms of child labour. The Committee also noted the Government’s statement in its report to the CRC of 1 March 2012 that, despite the Government’s efforts to ensure the full enjoyment of the rights and freedoms of all children, children are still exploited in domestic labour; on tea, rice and sugar cane plantations; and in prostitution (CRC/C/RWA/3-4, paragraph 403). The Committee requests the Government to strengthen its efforts to ensure the protection of persons under 18 years of age from the worst forms of child labour, and to continue to provide information on measures taken in this regard. It also encourages the Government to pursue its effort, through the revision and subsequent implementation of the NAP, to ensure that information is made available on 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. It requests the Government to provide this information, when it becomes available. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 military service is prohibited for young persons under 18 years of age and persons must be at least 18 years of age to be admitted to the Rwandan defence forces. The Committee also noted that the Law Regulating Labour (2009) prohibits involving any person under the age of 18 in the worst forms of child labour, including using children in conflicts and war (pursuant to section 72). It further noted that a draft Ministerial Order determining the list of the worst forms of child labour had been developed, and requested a copy of the Order, once adopted.
The Committee notes the adoption of Ministerial Order No. 6 of 13 July 2010 determining the list of the worst forms of child labour, their nature and categories of institutions that may not employ children. Section 3(5) of this Ministerial Order states that the use of children in conflict and wars is one of the worst forms of child labour and is prohibited. Moreover, the Committee notes that the new Penal Code, adopted in 2012, prohibits involving a child in armed conflicts (pursuant to section 221).
Clause (d). Hazardous work. Self-employed workers. In its previous comments, the Committee noted that while the Law Regulating Labour (2009) prohibits engaging children under 18 in work that is likely to harm their health, this legislation did not appear to cover children working in the informal sector or on a self-employed basis (pursuant to sections 2 and 3(3)). It therefore requested information on the measures taken to protect children working in these sectors from performing hazardous types of work.
The Committee notes the Government’s statement that the National Action Plan for the Elimination of Child Labour (NAP) is being revised, and one of the reasons for its revision is to ensure the establishment of efficient measures aimed at curbing child labour in the informal economy and for self-employed children. The Committee requests the Government to provide information in its next report on the measures taken within the framework of the NAP, once revised, to ensure that self-employed children, and those working in the informal economy, are protected against hazardous types of work.
Article 6. Programmes of action. The Committee previously noted that a draft NAP was developed in 2007 which contained a focus on the worst forms of child labour.
The Committee notes the Government’s statement that the NAP is being revised, and that its adoption is expected soon. The Committee urges 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. The Committee previously requested the Government to indicate the regulation or legislation which establishes sufficiently effective and dissuasive penalties for persons who recruit children under 18 for use in armed conflict or engage children in hazardous work.
The Committee notes that section 72 of the Law Regulating Labour (2009) makes it an offence to subject children under 18 to the worst forms of child labour. The Committee takes due note that section 168 of the Law Regulating Labour (2009) states that, subject to the provisions of the Penal Code of Rwanda, a person found guilty of the offence referred to in section 72, shall be liable to a term of imprisonment ranging from six months to 20 years and a fine of 500,000 to 5 million Rwandan francs (RWF) (approximately USD$830 to $8,300) or to one of these penalties. The Committee also notes with interest that pursuant to section 221 of the Penal Code of 2012, any person who exploits a child by involving him or her in armed conflict shall be liable to a term of imprisonment of five years to seven years and a fine of RWF5 million to RWF10 million (approximately $8,305 to $16,611). If this offence is committed within the framework of a criminal organization (even if the offender is not among the leaders of such an organization) the penalty shall be a term of imprisonment of seven years to ten years and a fine of RWF10 million to RWF20 million (approximately $16,611 to $33,222), and if the child is involved in transnational armed conflicts, the penalty shall be a term of imprisonment of ten years to 15 years and a fine of RWA20 million to RWF30 million (approximately $33,222 to $49,833). The Committee requests the Government to provide information on the application in practice of section 168 of the Law Regulating Labour (2009) and section 221 of the Penal Code of 2012, including the number of investigations, prosecutions, convictions and the specific penalties applied.
Article 7(2). Effective and time-bound measures. Clause (b). 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 the Rwanda Demobilization and Reintegration Commission (RDRC) was responsible for reintegrating children affected by armed conflict. Through the RDRC, former child combatants are provided with rehabilitation, family tracing, family mediation, reunification, the provision of a take-home kit and reintegration support (including formal education, vocational training, income-generation assistance and life-skills training). The Government indicated that stage III of the Rwanda Demobilization and Reintegration Programme planned to help 3,300 child ex-combatants demobilize and reintegrate.
The Committee notes the Government’s statement that it continues to provide psychosocial rehabilitation, professional orientation and training services for children associated with armed rebel groups operating in the Democratic Republic of Congo. In this regard, the Committee notes the information from the report of the Secretary-General on children and armed conflict that 40 of the 1,244 children separated from armed forces and groups in 2011 in North Kivu, South Kivu and Orientale Province in the Democratic Republic of Congo were Rwandans (26 April 2012, A/66/782-S/2012/261, paragraph 189). Taking due note of the comprehensive measures taken by the Government in this regard, the Committee urges the Government to pursue its efforts to ensure that former child soldiers receive appropriate assistance for their rehabilitation and social reintegration. It requests the Government to continue to provide recent information on measures taken in this regard, including the number of children who have benefited from the activities of the RDRC.
2. Commercial sexual exploitation. In its previous comments, the Committee noted the concern expressed by the Committee on the Rights of the Child (CRC), in its concluding observations of July 2004 (CRC/C/15/Add. 234, paragraph 16), about the increasing number of child victims of sexual exploitation, especially among girls, orphans and other disadvantaged children. The Committee also noted that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 8 September 2009, expressed concern at the criminalization of women and girls involved in prostitution (CEDAW/C/RWA/CO/6, paragraph 27). The Committee further noted the information in the draft 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. Lastly, the Committee noted 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 strongly encouraged the Government to take measures to ensure that child victims of commercial exploitation are treated as victims rather than offenders.
The Committee notes the Government’s statement that child victims of commercial sexual exploitation are not treated as offenders. The Government states that they are treated as victims and given rehabilitative services, and that it continues its efforts to ensure that child victims are protected through strengthening laws and national policy. The Committee also notes the Government’s statement that further strategies will be adopted within the revision of the NAP. The Committee further notes the Government’s statement in its report to the CRC of 1 March 2012 that, despite the efforts of the Government, children are still exploited in prostitution, and that orphans, children from poor areas and child domestic workers may be particularly vulnerable to becoming engaged in this worst form of child labour (CRC/C/RWA/3-4, paragraphs 366, 399 and 403). In this regard, the Committee requests the Government to strengthen its efforts to protect children under 18 from engaging in prostitution, and to ensure that such victims have access to appropriate services for their rehabilitation and social reintegration. It also requests the Government to provide information on measures taken in this respect, particularly with regard to children from poor areas, orphans and other vulnerable children.
Clause (d). Children at special risk. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted the Government’s indication in its UN General Assembly Special Session on HIV/AIDS (UNGASS) Country Progress Report of March 2010 that while programmes for OVC support had 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. Additionally, while 91 per cent of non-orphans aged 10–14 attended school, only 74.6 per cent of orphans did.
The Committee notes the Government’s statement that through the revision of the NAP, the aspect of HIV/AIDS as a potential cause of child labour is being emphasized, and new strategies to prevent HIV/AIDS orphans from becoming involved in child labour will be set. The Government also states that an Orphans and Vulnerable Children Policy has been adopted, to facilitate children of school-going age to attend school. The Committee further notes the Government’s information in its Country Progress Report to UNGASS of 30 March 2012 that there are approximately 135,000 orphans and vulnerable children under 18 years of age in the country. The Government indicates that, according to the Ministry of Gender and Family Promotion, these children have a harder time accessing education and have poorer living conditions than other groups in the country, and that this remains a challenge for the Government. However, this report also indicates an increase in the per cent of orphans who are attending school, with approximately 84 per cent of orphan girls attending school (compared to 96 per cent for non-orphans), and approximately 91 per cent of orphan boys attending school (compared to 96 per cent of non-orphan boys). Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts, including through the revision of the NAP, to ensure that children orphaned by HIV/AIDS and other vulnerable children are protected from these worst forms. It also encourages the Government to continue to take measures to facilitate access to education for these children. Lastly, 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 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). It also noted that the Ministry of Education had developed a policy on girls’ education.
The Committee notes the Government’s statement that it has provided a specific budget line for the Girls’ Education Strategic Plan 2009–13. The Committee also notes that a Girls’ Education Task Force has been put in place for synergy among the collective efforts of all partners in improving access and quality of girls’ education. The Government indicates that separate facilities were established in some schools to create a more conducive environment to girls’ attendance. The Government further states that the enrolment rate and attendance rate for girls has been increasing on a yearly basis, with an increase of nearly 100,000 girls attending primary school between 2007 and 2011, and the net enrolment rate of girls for primary school rising to 97.5 per cent. However, the Committee notes that while the number of girls attending secondary school did increase over the same period, the net enrolment rate for girls in secondary education was only 27.2 per cent in 2011. 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 pursue its efforts, within the framework of the Girls’ Education Strategic Plan of the Ministry of Education, to raise the enrolment rates of girls at the secondary level. It requests the Government to continue 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 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 also noted that Rwanda is a source and destination country for child victims of trafficking for the purposes of forced labour and commercial sexual exploitation. The Committee further noted the statement in the draft NAP that children in Rwanda are victims of commercial sexual exploitation, are used for the purpose of begging and are engaged in hazardous types of work in mines and in brickwork.
The Committee notes the Government’s statement that inspections carried out by labour inspectors cover the whole territory of the country. The Government states that appropriate measures will continue to be taken to ensure that the reports of labour inspectors cover information regarding the worst forms of child labour. The Committee also notes the Government’s statement that the revision of the NAP will help to establish a mechanism for effective monitoring and evaluation including regular data collection regarding the worst forms of child labour. The Committee also notes the Government’s statement in its report to the CRC of 1 March 2012 that, despite the Government’s efforts to ensure the full enjoyment of the rights and freedoms of all children, children are still exploited in domestic labour; on tea, rice and sugar cane plantations; and in prostitution (CRC/C/RWA/3-4, paragraph 403). The Committee requests the Government to strengthen its efforts to ensure the protection of persons under 18 years of age from the worst forms of child labour, and to continue to provide information on measures taken in this regard. It also encourages the Government to pursue its effort, through the revision and subsequent implementation of the NAP, to ensure that information is made available on 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. It requests the Government to provide this information, when it becomes available. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
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 noted the Government’s statement that the Ministerial Order on the Worst Forms was adopted by the Cabinet. The Committee also noted 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 noted an absence of information in the Government’s report on the possibility of adopting legislation on this subject. In this regard, the Committee noted that the Law Regulating Labour (2009), pursuant to section 171, repeals the Labour Code. However, the Committee observed 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. 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 noted 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.
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 noted the Government’s statement that the NAP is still in draft form. The Government indicated 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 noted 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 noted 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 noted 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. 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 noted the detailed information in the Government’s report concerning the services offered to former child combatants through the RDRP. The Government’s report indicated 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 noted 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 noted the Government’s indication that 36 former child combatants are currently in a rehabilitation centre. The Government stated that stage III of the RDRP plans to help 3,300 child ex-combatants demobilize and reintegrate.
The Committee noted 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.
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 noted 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 noted 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 noted the indication in a report on the worst forms of child labour of 10 September 2009, available on the UNHCR website (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 indicated 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 noted 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 noted 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 noted 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 noted 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 noted 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 noted 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 noted 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 noted 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 noted an absence of information in the Government’s report on the application of the Convention in practice. In this regard, the Committee noted 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 noted 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 indicated 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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. Forced recruit»ment of children for use in armed conflict. In its previous comments, the Committee had noted that section 19 of Act No. 27/2001 of 28 April 2001 provides that military service is prohibited for young persons under 18 years of age and that section 5 of Presidential Order No. 72/01 of 8 July 2002, issuing the general conditions of service of members of the armed forces, provides that persons must be at least 18 years of age to be admitted to the Rwandan defence forces. The Committee had, however, noted the Committee on the Rights of the Child’s concerns that the prohibition of military service for young persons under 18 years of age contained in Act No. 27/2001 does not apply to the local defence forces. The Committee notes with interest that section 9 of Law No. 25/2004 of 19 November 2004 establishing and determining the organization and functioning of the local service in charge of assisting in maintenance of security referred to as «local defence» provides that a member who is selected to be in the service of local defence shall be at least 18 years of age. Furthermore, the Committee notes that section 11 of the draft ministerial order determining the nature, categories of enterprises and types of work which are prohibited to children under 18 years of age provides that it is prohibited to recruit children in the army or paramilitary organizations. The Committee expresses the hope that the ministerial order determining the nature, categories of enterprises and types of work which are prohibited to children under 18 years of age will be adopted in the very near future and requests the Government to keep it informed of the progress made in this regard.

Clause (d). Hazardous work. 1. Prohibition of hazardous types of work. Following its previous comments, the Committee notes with interest that section 2(d) of the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to children under 18 years of age provides that it is prohibited to employ children in hazardous work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. According to section 1 of the order, the term «child» is defined as any boy or girl who is under the age of 18 years.

2. Self-employed workers. In its previous comments, the Committee had noted that the scope of the Labour Code is limited to persons working under contractual employment relations and does not apply to children working on their own account. It had noted the Government’s information that the status of salaried employee or self-employed worker is not a prerequisite for the interventions of labour inspectors, and that the criterion is more whether the child is carrying out a type of work that is likely to harm his or her health and physical and mental development, morals and education. The Committee observes the Government’s indication, in its report under Convention No. 138, that it has adopted several measures to ensure that children carrying out an economic activity on their own account are protected, including harmonizing the national laws with international Conventions. The Committee also notes the Government’s information that labour inspectors have the responsibility of inspecting self-employed workers, including children, and that the Ministry of Labour has given training to labour inspectors in order for them to appropriately acquit themselves of this responsibility. The Committee requests 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 also requests the Government to provide information on the number and situation of self-employed children under 18 years of age that were found working by labour inspectors in situations which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 2. Determination and identification of hazardous types of work. With reference to its previous comments, the Committee notes that an extensive list of hazardous types of work is contained in the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to 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 also notes the Government’s information that the organizations of employers and workers concerned were consulted in the process of drafting that list.

Article 5. Monitoring mechanisms. 1. Police for juveniles. In its previous comments, the Committee had noted the information provided by the Government that it is 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, and requested it to consider giving that force the jurisdiction to monitor workplaces and compliance with the Labour Code in so far as the worst forms of child labour are concerned. The Committee notes that its request is even more relevant in the context of the amendment to the Labour Code provided by the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to children under 18 years of age, of which section 2(a)–(c) prohibits the employment of children in all forms of slavery or practices similar to slavery, in prostitution or for the production of pornography, and in illicit activities, such as the production and trafficking of drugs. The Committee notes the Government’s information that the police for juveniles in not yet in force. It urges the Government to renew its efforts to ensure the establishment of the police force for juveniles in the near future.

2. Child soldiers. In its previous comments, the Committee had noted that there are no control mechanisms relating to the recruitment of children in armed conflicts in Rwanda (report on technical progress of March 2005 of the ILO–IPEC subregional project on the prevention and reintegration of children involved in armed conflict). Furthermore, it had noted the concern expressed by the Committee on the Rights of the Child, in its concluding observations on the second periodic report of the Government in July 2004 (CRC/C/15/Add.234), at the numerous reports of the recruitment of children under the age of 15 years by armed groups operating in the State party or in the Democratic Republic of the Congo. The Committee notes that this concern is reiterated by the Secretary-General of the United Nations in his report on children and armed conflict of 26 October 2006 to the Security Council (A/61/529-S/2006/826, paragraph 30), when he mentions that «in May 2006, three children died as a result of a gunshot fired at close range by military forces of the 23rd battalion of FARDC (‘Forces armées de la République démocratique du Congo’) and the ‘Forces démocratiques de libération du Rwanda’ (FDLR) in Nyamilima, Ruthsuru Territory, North Kivu. Child protection actors in North and South Kivu Provinces continue to register a number of abductions and recruitment of children by FDLR». The Committee once again requests the Government to take measures as a matter of great urgency to ensure that young persons under 18 years of age are not compelled to take part in armed conflict, either in the national armed forces or in rebel groups, and to provide information on any new measures adopted or envisaged for this purpose.

Article 6. Programmes of action. 1. Action Plan for the Elimination of Child Labour. The Committee notes that a draft National Five-Year Action Plan for the Elimination of Child Labour of August 2007 has been communicated to the Office. This Action Plan aims at materializing national and international instruments with regard to the protection of vulnerable children and child labourers in particular and focuses on the worst forms of child labour. The many objectives of this plan include, among other things, conducting a large-scale sensitization campaign and strengthening effective law-enforcement control mechanisms, namely of the police and the inspection of labour. The Committee requests the Government to provide a copy of the Action Plan once it has been adopted and to inform it of its impact on eliminating the worst forms of child labour.

2. National policy for orphans and other vulnerable children. The Committee notes that, according to the National Plan of Action for Orphans and Other Vulnerable Children (OVC) of 2006–11, Rwanda’s high orphan population represents a more complex profile than any other country in Africa due to the combined effects of genocide, war, HIV/AIDS and poverty in general. The Committee notes the Government’s information that, to ensure that orphans and OVC are protected from the worst forms of child labour, the National Plan of Action promotes several strategies, including:

(a)    sensitization campaigns on the worst forms of child labour;

(b)    encouraging the enforcement of labour laws;

(c)    improving the working conditions of children;

(d)    developing alternative solutions for children and their families by providing support for training and income-generating activities;

(e)    reinforcing the education system; and

(f)    conducting detailed studies on the extent of and reasons for child labour and its worst forms.

The Committee requests the Government to provide information on the impact of the National Plan on the protection and prevention of orphans and OVC from working in the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had requested the Government to take measures to establish penalties which make it possible to prosecute persons who recruit children for types of work that are likely to prejudice their education or harm their health or physical development, as well as persons involved in the recruitment of young persons under 18 years of age for military service. The Committee notes that section 36 of the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to children under 18 years of age provides for penalties in case of violations of its provisions, including those prohibiting hazardous work and the recruitment of children under 18 in the army or the paramilitary forces. The Committee expresses the hope that the draft ministerial order will be adopted in the near future.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Child soldiers. In its previous comments, the Committee had noted the Government’s information that there are no armed groups that include children on the territory of the Republic of Rwanda, as the demobilization of the former child soldiers of the Rwandan forces was completed in 1998. However, the Committee had also noted the Committee on the Rights of the Child’s concern, in its concluding observations on the second periodic report of the Government in July 2004 (CRC/C/15/Add.234), at the numerous reports of the recruitment of children under the age of 15 years by armed groups operating in the State party or in the Democratic Republic of the Congo (DRC), a concern which has been reiterated by the Secretary-General of the United Nations in his report to the Security Council on children and armed conflict of 26 October 2006
(A/61/529–S/2006/826, paragraph 30). The Committee notes that, currently, there are approximately 3,000 demobilized ex-child soldiers in Rwanda, including 2,500 originating from the first phase of demobilization which ended in 1998 and the rest originating from Rwandese armed groups on DRC territory. It notes that programmes of action have been implemented to rehabilitate some of these children: one to train 40 ex-child soldiers, 15 of whom are girls, in the restaurant business in the Kacyiru District of Rwanda (October 2005) and one to reinsert 100 ex-child soldiers into their communities with professional orientation and training (September 2005). The Committee also notes the ILO–IPEC project of prevention and reintegration of children involved in armed conflict: an interregional programme, which aims to provide an enabling environment in the country facilitating the prevention, withdrawal and subsequent reintegration into society of children involved in armed conflict and to assist former child soldiers in acquiring decent work and achieving a sustainable income. Finally, the Committee notes the Government’s information that the Rwanda Demobilization and Reintegration Commission has been established and is responsible for reintegrating the children affected by armed conflict. In this regard, 644 former child soldiers have been reunited with their families, 170 have received vocational training, 192 are now involved in income-generating activities, 85 have received formal education and 29 are currently undergoing rehabilitation. Considering, however, the high number of former child soldiers who have not yet been rehabilitated, the Committee requests the Government to redouble its effort and urges it to adopt time-bound measures to demobilize child soldiers and secure their rehabilitation and social integration, particularly by providing psychological rehabilitation and professional orientation and training services. The Committee requests the Government to provide information on any new developments in this regard.

2. Commercial sexual exploitation. In its previous comments, the Committee had noted the concern expressed by the Committee on the Rights of the Child, in its concluding observations on the Government’s second periodic report in 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, child orphans, abandoned and other disadvantaged children. The Committee notes that, according to the National Policy for Orphans and Other Vulnerable Children of 2003, issues related to children and abused children are not well researched and that more systematic research is needed to gain a better understanding of this problem. The National Policy aims to develop prevention mechanisms for sexual exploitation and abuse of children, to ensure the enforcement of laws protecting children from sexual exploitation and abuse and, most importantly, to provide support services for children who had suffered from sexual exploitation and abuse. Furthermore, the National Five-Year Action Plan for the Elimination of Child Labour advocates the following strategies: (a) sensitize different stakeholders; (b) strengthen the enforcement of laws; (c) carry out a thorough national survey on the case; (d) provide medical, social and legal assistance to the child victims; and (e) set up preventive and denunciation mechanisms. The Committee notes that, according to the Action Plan, UNICEF has helped a local organization withdraw 59 children from prostitution and that an NGO called «Sharing Rwanda» deals with the socio-economic rehabilitation of 50 child prostitutes and their 19 babies by training them to learn the techniques of manufacturing soap, fruit juice, bread, etc., and providing them with medical care. The Committee urges the Government to pursue its efforts to ensure that more child victims of commercial sexual exploitation are provided with programmes of rehabilitation and social integration. It requests the Government to provide information on the impact of the National Policy and National Plan in this regard.

Clause (d). Children at special risk. HIV/AIDS. In its previous comments, the Committee had noted that, according to the information contained in the Epidemiological Fact Sheet for 2004 of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are estimated to be around 160,000 HIV/AIDS orphans in Rwanda. According to the latest estimates published by UNAIDS, there are now approximately 210,000 orphans due to HIV/AIDS in Rwanda. The Committee notes that the National Policy for Orphans and Other Vulnerable Children of 2003 and the National Plan of Action for Orphans and Other Vulnerable Children constitute the main measures designed to improve the situation of child HIV/AIDS orphans. For instance, the National Policy aims to integrate assistance for children affected/infected by HIV/AIDS in OVC programmes to avoid stigmatization, to ensure psychosocial support for these children and their families and to ensure the inheritance rights of children in affected households, while the National Plan intends to conduct information campaigns on HIV/AIDS and to facilitate access to basic services for orphans, such as education, health, nutrition, housing, extension services, income generation and credit. Furthermore, the Committee notes that Rwanda was chosen to host the 2007 HIV/AIDS Implementers’ Meeting in recognition of the country’s leadership in the fight against HIV/AIDS and the results achieved. The Committee asks the Government to continue providing information on these measures and on their impact on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour.

Clause (e). Special situation of girls. Following its previous comments, the Committee notes that Law No. 27/2003 determining the organization, attributions and functions of the National Women’s Council has been communicated along with the Government’s report. It notes that according to section 23 of the Law, the member in charge of education and training of each organ of the Council is entrusted with: (1) identifying problems faced by girls in the field of education; (2) sensitizing girls on issues related to literacy; (3) encouraging girls to actively participate in training; and (4) sensitizing parents on giving both boys and girls equal participation and opportunities in education and culture. The Committee requests the Government to provide information on the impact of the National Women’s Council’s activities on preventing girls under 18 years of age from working in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted the Government’s indications that the reports of labour inspectors do not contain any information on inspections carried out relating to the worst forms of child labour. It had also noted that, due to the shortage of human and material resources, labour inspectors can only cover one-twelfth of the national territory and their inspections do not concern sectors in which certain forms of child labour occur, such as tea plantations. Furthermore, the Committee had noted that, according to the Government, child labour is still not taken into account in national policies and the national budget. The Committee notes the Government’s information that child labour is now taken into account in government policies and that the national budget now includes a specific amount to enforce the removal of children from the worst forms of child labour. Consequently, the Committee requests the Government to take the necessary measures to ensure that labour inspectors inspect the entirety of the national territory and that their reports include relevant information on the inspections carried out relating to the worst forms of child labour. It also once again encourages the Government to undertake quantitative statistical studies on the nature, extent and trends of the worst forms of child labour, and on the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, surveys carried out, prosecutions, convictions and penal sanctions applied.

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

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

Article 3 of the Convention. 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 had noted that section 19 of Act No. 27/2001 of 28 April 2001 provides that military service is prohibited for young persons under 18 years of age and that section 5 of Presidential Order No. 72/01 of 8 July 2002, issuing the general conditions of service of members of the armed forces, provides that persons must be at least 18 years of age to be admitted to the Rwandan defence forces. The Committee had, however, noted the Committee on the Rights of the Child’s concerns that the prohibition of military service for young persons under 18 years of age contained in Act No. 27/2001 does not apply to the local defence forces. The Committee notes with interest that section 9 of Law No. 25/2004 of 19 November 2004 establishing and determining the organization and functioning of the local service in charge of assisting in maintenance of security referred to as “local defence” provides that a member who is selected to be in the service of local defence shall be at least 18 years of age. Furthermore, the Committee notes that section 11 of the draft ministerial order determining the nature, categories of enterprises and types of work which are prohibited to children under 18 years of age provides that it is prohibited to recruit children in the army or paramilitary organizations. The Committee expresses the hope that the ministerial order determining the nature, categories of enterprises and types of work which are prohibited to children under 18 years of age will be adopted in the very near future and requests the Government to keep it informed of the progress made in this regard.

Clause (d). Hazardous work. 1. Prohibition of hazardous types of work. Following its previous comments, the Committee notes with interest that section 2(d) of the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to children under 18 years of age provides that it is prohibited to employ children in hazardous work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. According to section 1 of the order, the term “child” is defined as any boy or girl who is under the age of 18 years.

2. Self-employed workers. In its previous comments, the Committee had noted that the scope of the Labour Code is limited to persons working under contractual employment relations and does not apply to children working on their own account. It had noted the Government’s information that the status of salaried employee or self-employed worker is not a prerequisite for the interventions of labour inspectors, and that the criterion is more whether the child is carrying out a type of work that is likely to harm his or her health and physical and mental development, morals and education. The Committee observes the Government’s indication, in its report under Convention No. 138, that it has adopted several measures to ensure that children carrying out an economic activity on their own account are protected, including harmonizing the national laws with international Conventions. The Committee also notes the Government’s information that labour inspectors have the responsibility of inspecting self-employed workers, including children, and that the Ministry of Labour has given training to labour inspectors in order for them to appropriately acquit themselves of this responsibility. The Committee requests 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 also requests the Government to provide information on the number and situation of self-employed children under 18 years of age that were found working by labour inspectors in situations which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 2. Determination and identification of hazardous types of work. With reference to its previous comments, the Committee notes that an extensive list of hazardous types of work is contained in the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to 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 also notes the Government’s information that the organizations of employers and workers concerned were consulted in the process of drafting that list.

Article 5. Monitoring mechanisms. 1. Police for juveniles. In its previous comments, the Committee had noted the information provided by the Government that it is 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, and requested it to consider giving that force the jurisdiction to monitor workplaces and compliance with the Labour Code in so far as the worst forms of child labour are concerned. The Committee notes that its request is even more relevant in the context of the amendment to the Labour Code provided by the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to children under 18 years of age, of which section 2(a)–(c) prohibit the employment of children in all forms of slavery or practices similar to slavery, in prostitution or for the production of pornography, and in illicit activities, such as the production and trafficking of drugs. The Committee notes the Government’s information that the police for juveniles in not yet in force. It urges the Government to renew its efforts to ensure the establishment of the police force for juveniles in the near future.

2. Child soldiers. In its previous comments, the Committee had noted that there are no control mechanisms relating to the recruitment of children in armed conflicts in Rwanda (report on technical progress of March 2005 of the ILO/IPEC subregional project on the prevention and reintegration of children involved in armed conflict). Furthermore, it had noted the concern expressed by the Committee on the Rights of the Child, in its concluding observations on the second periodic report of the Government in July 2004 (CRC/C/15/Add.234), at the numerous reports of the recruitment of children under the age of 15 years by armed groups operating in the State party or in the Democratic Republic of the Congo. The Committee notes that this concern is reiterated by the Secretary‑General of the United Nations in his report on children and armed conflict of 26 October 2006 to the Security Council (A/61/529-S/2006/826, paragraph 30), when he mentions that “in May 2006, three children died as a result of a gunshot fired at close range by military forces of the 23rd battalion of FARDC (‘Forces armées de la République démocratique du Congo’) and the ‘Forces démocratiques de libération du Rwanda’ (FDLR) in Nyamilima, Ruthsuru Territory, North Kivu. Child protection actors in North and South Kivu Provinces continue to register a number of abductions and recruitment of children by FDLR”. The Committee once again requests the Government to take measures as a matter of great urgency to ensure that young persons under 18 years of age are not compelled to take part in armed conflict, either in the national armed forces or in rebel groups, and to provide information on any new measures adopted or envisaged for this purpose.

Article 6. Programmes of action. 1. Action Plan for the Elimination of Child Labour. The Committee notes that a draft National Five-Year Action Plan for the Elimination of Child Labour of August 2007 has been communicated to the Office. This Action Plan aims at materializing national and international instruments with regard to the protection of vulnerable children and child labourers in particular and focuses on the worst forms of child labour. The many objectives of this plan include, among other things, conducting a large-scale sensitization campaign and strengthening effective law-enforcement control mechanisms, namely of the police and the inspection of labour. The Committee requests the Government to provide a copy of the Action Plan once it has been adopted and to inform it of its impact on eliminating the worst forms of child labour.

2. National policy for orphans and other vulnerable children. The Committee notes that, according to the National Plan of Action for Orphans and Other Vulnerable Children (OVC) of 2006–11, Rwanda’s high orphan population represents a more complex profile than any other country in Africa due to the combined effects of genocide, war, HIV/AIDS and poverty in general. The Committee notes the Government’s information that, to ensure that orphans and OVC are protected from the worst forms of child labour, the National Plan of Action promotes several strategies, including:

(a)   sensitization campaigns on the worst forms of child labour;

(b)   encouraging the enforcement of labour laws;

(c)   improving the working conditions of children;

(d)   developing alternative solutions for children and their families by providing support for training and income-generating activities;

(e)   reinforcing the education system; and

(f)    conducting detailed studies on the extent of and reasons for child labour and its worst forms.

The Committee requests the Government to provide information on the impact of the National Plan on the protection and prevention of orphans and OVC from working in the worst forms of child labour.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee had requested the Government to take measures to establish penalties which make it possible to prosecute persons who recruit children for types of work that are likely to prejudice their education or harm their health or physical development, as well as persons involved in the recruitment of young persons under 18 years of age for military service. The Committee notes that section 36 of the draft ministerial order determining the nature, categories of enterprises and types of work prohibited to children under 18 years of age provides for penalties in case of violations of its provisions, including those prohibiting hazardous work and the recruitment of children under 18 in the army or the paramilitary forces. The Committee expresses the hope that the draft ministerial order will be adopted in the near future.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Child soldiers. In its previous comments, the Committee had noted the Government’s information that there are no armed groups that include children on the territory of the Republic of Rwanda, as the demobilization of the former child soldiers of the Rwandan forces was completed in 1998. However, the Committee had also noted the Committee on the Rights of the Child’s concern, in its concluding observations on the second periodic report of the Government in July 2004 (CRC/C/15/Add.234), at the numerous reports of the recruitment of children under the age of 15 years by armed groups operating in the State party or in the Democratic Republic of the Congo (DRC), a concern which has been reiterated by the Secretary-General of the United Nations in his report to the Security Council on children and armed conflict of 26 October 2006 (A/61/529–S/2006/826, paragraph 30). The Committee notes that, currently, there are approximately 3,000 demobilized ex-child soldiers in Rwanda, including 2,500 originating from the first phase of demobilization which ended in 1998 and the rest originating from Rwandese armed groups on DRC territory. It notes that programmes of action have been implemented to rehabilitate some of these children: one to train 40 ex-child soldiers, 15 of whom are girls, in the restaurant business in the Kacyiru District of Rwanda (October 2005) and one to reinsert 100 ex-child soldiers into their communities with professional orientation and training (September 2005). The Committee also notes the ILO/IPEC project of prevention and reintegration of children involved in armed conflict: an interregional programme, which aims to provide an enabling environment in the country facilitating the prevention, withdrawal and subsequent reintegration into society of children involved in armed conflict and to assist former child soldiers in acquiring decent work and achieving a sustainable income. Finally, the Committee notes the Government’s information that the Rwanda Demobilization and Reintegration Commission has been established and is responsible for reintegrating the children affected by armed conflict. In this regard, 644 former child soldiers have been reunited with their families, 170 have received vocational training, 192 are now involved in income-generating activities, 85 have received formal education and 29 are currently undergoing rehabilitation. Considering, however, the high number of former child soldiers who have not yet been rehabilitated, the Committee requests the Government to redouble its effort and urges it to adopt time-bound measures to demobilize child soldiers and secure their rehabilitation and social integration, particularly by providing psychological rehabilitation and professional orientation and training services. The Committee requests the Government to provide information on any new developments in this regard.

2. Commercial sexual exploitation. In its previous comments, the Committee had noted the concern expressed by the Committee on the Rights of the Child, in its concluding observations on the Government’s second periodic report in 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, child orphans, abandoned and other disadvantaged children. The Committee notes that, according to the National Policy for Orphans and Other Vulnerable Children of 2003, issues related to children and abused children are not well researched and that more systematic research is needed to gain a better understanding of this problem. The National Policy aims to develop prevention mechanisms for sexual exploitation and abuse of children, to ensure the enforcement of laws protecting children from sexual exploitation and abuse and, most importantly, to provide support services for children who had suffered from sexual exploitation and abuse. Furthermore, the National Five-Year Action Plan for the Elimination of Child Labour advocates the following strategies: (a) sensitize different stakeholders; (b) strengthen the enforcement of laws; (c) carry out a thorough national survey on the case; (d) provide medical, social and legal assistance to the child victims; and (e) set up preventive and denunciation mechanisms. The Committee notes that, according to the Action Plan, UNICEF has helped a local organization withdraw 59 children from prostitution and that an NGO called “Sharing Rwanda” deals with the socio-economic rehabilitation of 50 child prostitutes and their 19 babies by training them to learn the techniques of manufacturing soap, fruit juice, bread, etc., and providing them with medical care. The Committee urges the Government to pursue its efforts to ensure that more child victims of commercial sexual exploitation are provided with programmes of rehabilitation and social integration. It requests the Government to provide information on the impact of the National Policy and National Plan in this regard.

Clause (d). Children at special risk. HIV/AIDS. In its previous comments, the Committee had noted that, according to the information contained in the Epidemiological Fact Sheet for 2004 of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are estimated to be around 160,000 HIV/AIDS orphans in Rwanda. According to the latest estimates published by UNAIDS, there are now approximately 210,000 orphans due to HIV/AIDS in Rwanda. The Committee notes that the National Policy for Orphans and Other Vulnerable Children of 2003 and the National Plan of Action for Orphans and Other Vulnerable Children constitute the main measures designed to improve the situation of child HIV/AIDS orphans. For instance, the National Policy aims to integrate assistance for children affected/infected by HIV/AIDS in OVC programmes to avoid stigmatization, to ensure psychosocial support for these children and their families and to ensure the inheritance rights of children in affected households, while the National Plan intends to conduct information campaigns on HIV/AIDS and to facilitate access to basic services for orphans, such as education, health, nutrition, housing, extension services, income generation and credit. Furthermore, the Committee notes that Rwanda was chosen to host the 2007 HIV/AIDS Implementers’ Meeting in recognition of the country’s leadership in the fight against HIV/AIDS and the results achieved. The Committee asks the Government to continue providing information on these measures and on their impact on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour.

Clause (e). Special situation of girls. Following its previous comments, the Committee notes that Law No. 27/2003 determining the organization, attributions and functions of the National Women’s Council has been communicated along with the Government’s report. It notes that according to section 23 of the Law, the member in charge of education and training of each organ of the Council is entrusted with: (1) identifying problems faced by girls in the field of education; (2) sensitizing girls on issues related to literacy; (3) encouraging girls to actively participate in training; and (4) sensitizing parents on giving both boys and girls equal participation and opportunities in education and culture. The Committee requests the Government to provide information on the impact of the National Women’s Council’s activities on preventing girls under 18 years of age from working in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted the Government’s indications that the reports of labour inspectors do not contain any information on inspections carried out relating to the worst forms of child labour. It had also noted that, due to the shortage of human and material resources, labour inspectors can only cover one-twelfth of the national territory and their inspections do not concern sectors in which certain forms of child labour occur, such as tea plantations. Furthermore, the Committee had noted that, according to the Government, child labour is still not taken into account in national policies and the national budget. The Committee notes the government’s information that child labour is now taken into account in Government policies and that the national budget now includes a specific amount to enforce the removal of children from the worst forms of child labour. Consequently, the Committee requests the Government to take the necessary measures to ensure that labour inspectors inspect the entirety of the national territory and that their reports include relevant information on the inspections carried out relating to the worst forms of child labour. It also once again encourages the Government to undertake quantitative statistical studies on the nature, extent and trends of the worst forms of child labour, and on the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, surveys carried out, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. The Committee noted previously that the definition of the expression "the worst forms of child labour" contained in this provision of the Convention had been taken up in the draft ministerial order determining the nature of the work and the categories of enterprises prohibited for children. While noting the Government’s indication that the draft ministerial order is being revised, the Committee hopes that it will be adopted in the very near future and requests the Government to provide a copy of the order as soon as it has been adopted.

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 of 28 April 2001 provides that military service shall be prohibited for young persons under 18 years of age and that section 5 of Presidential Order No. 72/01 of 8 July 2002, issuing the general conditions of service of members of the armed forces, provides that, to be admitted to the Rwandan defence forces, persons must be at least 18 years of age. The Committee also noted the Government’s indications that there is not a single armed group that includes children on the territory of the Republic of Rwanda as the demobilization of the former child soldiers in the first group (that is, the Rwandan forces) was completed in 1998. Furthermore, the armed groups from which the former child soldiers of the second group originate are established on the territory of the Democratic Republic of the Congo and cannot cross the Rwandan frontier to recruit more children. A rapid evaluation survey carried out with the assistance of ILO/IPEC concluded that the re-engagement of these former child soldiers is therefore unlikely (report entitled "Findings of the rapid evaluation survey in Rwanda on the situation of children engaged in armed conflict", Ministry of the Public Service, Vocational Training, Trades and Labour/ILO-IPEC, Kigali, March 2003, pages 11 and 35). The Committee however noted that, in the report of September 2002, the Special Representative of the Secretary-General of the United Nations for Children and Armed Conflict expressed concern at the recruitment of youths in the Local Defence Forces (FDL) and concerning the children among the primarily Hutu insurgents fighting in the Democratic Republic of the Congo (A/57/402, 25 September 2002, paragraph 38). The Committee requested the Government to keep the Office informed of developments in the situation with regard to child soldiers and former child soldiers.

In its report, the Government indicates that there are no armed groups on the national territory and reaffirms that it has never recruited children into the ranks of the army. While noting the information provided by the Government, the Committee however observes that, in its concluding observations on the second periodic report of the Government in July 2004 (CRC/C/15/Add.234, paragraphs 62 and 63), the Committee on the Rights of the Child, while welcoming Act No. 27/2001 on the rights of the child and the protection of children against abuse, section 19 of which provides that military service is prohibited for young persons under 18 years of age, expressed deep concern that this provision does not apply to the Local Defence Forces. The Committee on the Rights of the Child also expressed concern at the numerous reports of the recruitment of children under the age of 15 years by armed groups operating in the State party or in the Democratic Republic of the Congo. The Committee on the Rights of the Child recommended the Government to take all the necessary measures to ensure that young persons under the age of 18 years are not recruited into the Local Defence Forces or into any armed group on the national territory. The Committee of Experts also notes that, according to the information available to the Office, there are no control mechanisms relating to the recruitment of children in armed conflicts in Rwanda (report on technical progress of March 2005 of the ILO/IPEC subregional project on the prevention and reintegration of children involved in armed conflict). The Committee requests the Government to take measures as a matter of great urgency to ensure that young persons under 18 years of age are not compelled to take part in armed conflict, either in the national armed forces, or in rebel groups, and to provide information on any new measures adopted or envisaged for this purpose. It requests the Government to provide information on the measures adopted to enforce the applicable legislation relating to the forced or compulsory recruitment of children for use in armed conflict. Furthermore, the Committee requests the Government to provide information on the penalties which can be applied when prosecuting persons involved in the forced or compulsory recruitment of children for use in armed conflict.

Clause (d). Hazardous work. 1. Prohibition of hazardous types of work. In its previous comments, the Committee noted that, under section 18 of Act No. 27/2001 of 28 April 2001, work performed by children (persons under 18 years of age - section 1) shall not involve risks likely to jeopardize their education or harm their health or physical development. However, it noted that, under the terms of section 65(3) of the Labour Code, children under 16 years of age may not be employed in night work and types of work that are unhealthy, arduous, harmful or dangerous for their health and development. The Committee requested the Government to ensure that persons under 18 years of age are not engaged in hazardous types of work. The Committee notes the information provided by the Government that the Labour Code is currently being revised so as to raise the age of admission to hazardous types of work from 16 to 18 years. The Committee hopes that the draft revision of the Labour Code will be adopted in the very near future so as to bring the national legislation into conformity with this provision of the Convention. It requests the Government to provide a copy of the text once it has been adopted.

2. Self-employed workers. The Committee noted previously that, by virtue of certain provisions of the Labour Code, the scope of the Code is limited to persons working under contractual employment relations and does not apply to children working on their own account. Accordingly, by virtue of section 2 of the Labour Code, the term "worker" is defined as any person who has undertaken to place her or his occupational activity, in exchange for remuneration, under the direction and authority of another individual or association, whether public or private. In this respect, the Committee notes the information provided by the Government according to which children in Rwanda are active in particular as self-employed workers and that labour inspectors tend to carry out inspections in the formal economy only. It also notes that, according to the Government, the status of salaried employee or self-employed worker is not a prerequisite for the interventions of labour inspectors, and that the criterion is more whether the child is carrying out a type of work that is likely to harm her or his health and physical and mental development, morals and education. In view of the above, the Committee requests the Government to provide information on the measures adopted or envisaged to secure the protection of self-employed workers under 18 years of age in relation to types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous types of work. With reference to its previous comments, the Committee notes that a draft order issuing a list of hazardous types of work and categories of enterprises prohibited for young persons under 18 years of age has been prepared in the context of the revision of the Labour Code. The Committee also notes that the Government intends to consult the organizations of employers and workers on this matter. In this respect, the Committee previously reminded the Government that, in accordance with Article 4 of the Convention, the types of work referred to under Article 3(d) shall be determined taking into consideration relevant international standards, and in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that the Government, when determining the list of hazardous types of work, will take into consideration the activities enumerated in Paragraph 3 of Recommendation No. 190. It requests the Government to provide a copy of the order issuing the list of hazardous types of work and the categories of enterprises prohibited for young persons under 18 years of age as soon as it has been adopted.

Article 4, paragraph 2. Identification of hazardous work. While noting that the types of hazardous work will be determined in the near future, the Committee reminds the Government that, under Article 4, paragraph 2, of the Convention, the types of hazardous work so determined shall be identified in consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to give effect to the Convention on this point.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. 1. National Consultative Committee on Child Labour. The Committee notes the information provided by the Government that a Consultative Committee on Child Labour was established in February 2005. The Consultative Committee is composed of the Ministry of the Public Service, Vocational Training, Trades and Labour (MIFOTRA), the Ministry of Education, Science, Technology and Scientific Research (MINEDUC), the Ministry of Gender and the Promotion of the Family (MIGEPROF), the Ministry of Youth, Culture and Sports (MIJESPOC), the Ministry of Local Administration, Good Government, Community Development and Social Affairs (MINALOC), UNICEF, World Vision/KURET, ILO/IPEC and the Demobilization and Reintegration Commission. The Kadogo Association of Former Child Soldiers and NGOs active in the field of children’s rights participate in the meetings of the Consultative Committee when the subject is of interest to them. The Consultative Committee works in collaboration with MIFOTRA and, in this respect, regularly issues opinions on draft legislation, policies and strategies for prevention and intervention in the field of child labour. The Committee notes the Government’s indication that it takes due note of the fact that the Consultative Committee should also include the participation of organizations of employers and workers. It requests the Government to provide information on the measures adopted in this respect.

2. Police for juveniles. In its previous comments, the Committee requested the Government to provide information on the mechanisms established for the implementation of the provisions of the Convention which are not within the scope of the Labour Code, but lie within the scope of penal provisions, such as those respecting prostitution, pornography and illicit activities. In this regard, the Committee notes the information provided by the Government that it is planning to create a police force for juveniles, and requests it to consider giving that force the jurisdiction to monitor workplaces and compliance with the Labour Code in so far as the worst forms of child labour are concerned and to expand the Consultative Committee on Child Labour to include representatives of the police. The Committee requests the Government to provide information on these new measures once they have been established.

Article 6. Programmes of action. National policy for orphans and other vulnerable children. The Committee notes the Government’s indication that it has adopted a national policy for orphans and other vulnerable children. This policy is targeted in particular at children who work, children affected by armed conflict and child victims of sexual exploitation. The Committee requests the Government to provide information on the implementation of this policy, with particular reference to its impact in terms of the prevention and elimination of the worst forms of child labour. It also requests the Government to provide a copy of the national policy.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee noted that Act No. 27/2001 of 28 April 2001, respecting the rights and protection of children against violence, establishes penalties for any person who is in breach of its provisions. However, it noted that no penalty was established for violations of sections 18 and 19 of Act No. 27/2001 of 28 April 2001, which cover, respectively, work likely to prejudice the education or harm the health or physical development of the child and the prohibition upon recruiting young persons under 18 years of age for military service. The Committee requested the Government to establish penalties for breach of those provisions. The Committee notes the information provided by the Government to the effect that a meeting is due to be held to discuss penalties, among other matters. In this respect, the Committee draws the Government’s attention to the fact that it is under the obligation to impose sufficiently effective and dissuasive penalties. It hopes that, in the context of the current process of amending the national legislation, the Government will take measures to establish penalties which make it possible to prosecute persons who recruit children for types of work that are likely to prejudice their education or harm their health or physical development, as well as persons involved in the recruitment of young persons under 18 years of age for military service. It requests the Government to provide information on this subject.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Child soldiers. With reference to its previous comments, in which it noted that, despite the limited resources, the process of demobilizing child soldiers and the programme for their reintegration had commenced in 1995, the Committee notes the Government’s indication that it has been working since 1997 with ILO/IPEC, UNICEF and NGOs to remove and rehabilitate former child soldiers. In this respect, in the context of the ILO/IPEC subregional project for the prevention and reintegration of children involved in armed conflict, around 600 children were repatriated to the Democratic Republic of the Congo at the end of 2004.

The Committee notes that, in his report on children and armed conflict of 9 February 2005, the Secretary-General of the United Nations (A/59/695-S/2005/72, paragraph 19 and Annex I) indicated that the disarmament, demobilization, repatriation, resettlement and reintegration staff and child protection advisers of MONUC had entered into dialogue with the Force démocratique de libération du Rwanda (FDLR) and the Forces pour la défense de la démocratie (FDD) and that, during the past year, these groups had released a small number of children who had been repatriated to Rwanda and Burundi. However, security problems had been a major obstacle to the assessment by the United Nations of the compliance of these groups with their commitments. The Committee also notes that, according to information available to the Office, despite the efforts to establish rehabilitation and social integration measures, there is no real mechanism to remove children from armed conflict in Rwanda. Furthermore, no special attention is paid to girls (report on technical progress of March 2005 of the ILO/IPEC subregional project on the prevention and reintegration of children involved in armed conflict). The Committee requests the Government to redouble its efforts and to adopt time-bound measures to demobilize child soldiers and secure their rehabilitation and social integration, particularly by providing psychological rehabilitation and social integration services. It also requests the Government to pay special attention to girls.

2. Sexual exploitation. The Committee notes the Government’s indications that technical training has been provided for children removed from sexual exploitation and from domestic service. However, it notes that, in its concluding observations on the Government’s second periodic report in July 2004 (CRC/C/15/Add.234, paragraph 66), the Committee on the Rights of the Child expressed concern about the increasing number of child victims of sexual exploitation, including for prostitution and pornography, especially among girls, child orphans, abandoned and other disadvantaged children. The Committee on the Rights of the Child also expressed concern at the insufficient programmes for the physical and psychological recovery and social integration of child victims of such abuse and exploitation. The Committee requests the Government to redouble its efforts and to take effective and time-bound measures to ensure that child victims of sexual exploitation are provided with programmes of rehabilitation and social integration.

Clause (c). Access to free basic education. With reference to its previous comments, the Committee notes that, in the context of the measures adopted for the removal of children from the worst forms of child labour, it has established rehabilitation programmes, including training programmes. Some 906 children working in plantations, mines and quarries, of whom 106 were between the ages of 7 and 14 years, have been reintegrated in school. The Committee encourages the Government to continue its efforts to ensure access to compulsory education or to vocational training for all children who are removed from the worst forms of child labour.

Clause (d). Children at special risk. 1. HIV/AIDS. The Committee notes that, in its concluding observations on the Government’s second periodic report in July 2004 (CRC/C/15/Add.234, paragraph 52), the Committee on the Rights of the Child, while noting the adoption of the 2002-06 Strategic Plan for HIV/AIDS for youth and the establishment of the Ministry of State responsible for HIV/AIDS and of a National HIV/AIDS Commission, expressed concern at the very high incidence and increasing prevalence of HIV/AIDS among adults and children and the increasing number of children orphaned by HIV/AIDS. The Committee also notes that, according to the information contained in the Epidemiological Fact Sheet for 2004 of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are estimated to be around 160,000 HIV/AIDS orphans in Rwanda. The Committee observes that HIV/AIDS has consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population and to provide information on the specific time-bound measures adopted to improve the situation of child HIV/AIDS orphans.

2. Child domestic workers. With reference to its previous comments, the Committee notes the Government’s indication that the NGO Action for Development and Peace in Africa (ADPA) has been operating a programme for children working in domestic service in the city of Kigali and in Kigali-Nagali since June 2001. Around 3,421 employers, 1,840 families and 3,539 children are registered with the programme and awareness-raising measures have been taken. Furthermore, the children benefit from a programme of vocational training. The Committee requests the Government to continue its efforts to protect children working in domestic service from the worst forms of child labour.

Clause (e). The special situation of girls. With reference to its previous comments, in which it noted the establishment of the National Women’s Council, the Committee notes the Government’s information that it will provide at a later date the reports of the National Council on the issues of child labour and gender. The Committee requests the Government to provide a copy of the Act respecting the National Women’s Council.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s indications that the reports of labour inspectors do not contain any information on inspections carried out relating to the worst forms of child labour. It also notes that, due to the shortage of human and material resources, labour inspectors can only cover one-twelfth of the national territory and their inspections do not concern sectors in which certain forms of child labour occur, such as tea plantations. The Committee also notes that, according to the Government, child labour is still not taken into account in national policies and the national budget. The Committee encourages the Government to take the necessary measures to apply provisions giving effect to the Convention. It also encourages the Government to undertake quantitative statistical studies on the nature, extent and trends of the worst forms of child labour, and on the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, surveys carried out, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first and second reports. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indications that Act No. 27/2001 of 28 April 2001 respecting the rights and protection of the child against violence corresponds to the objectives of the Convention. The Committee notes that this text prohibits certain activities considered to be the worst forms of child labour, but that it nevertheless has certain inadequacies which will be examined under each of the relevant Articles of the Convention. The Committee also notes that Rwanda is participating in the subregional programme on the prevention and reintegration of children involved in armed conflict in Central Africa, launched by ILO/IPEC. The Committee requests the Government to keep it informed of the implementation of this programme and the results achieved.

Article 2 of the Convention. Definition of the term "child". The Committee notes the Government’s indications that the definition of the term "child" set forth in the Act of 28 April 2001 respecting the rights and protection of the child against violence gives effect to Article 2 of the Convention. The Committee notes that section 1 of the Act of 28 April 2001 defines a child as any human being under 18 years of age, except where provided otherwise. However, the Committee notes that section 198 of the Labour Code of December 2001 provides that earlier legal provisions and regulations contrary to the present Act shall be repealed. It also notes that section 52 of the Act of 28 April 2001 repeals all provisions prior to the present Act, except where they afford greater protection. It notes that section 360 of the Civil Code of 1988 provides that a minor is a person who has not yet reached the age of 21 years, except where exceptions are otherwise determined by the law. It also notes that, under the terms of section 11 of the Labour Code, any person who has not reached the age of 16 years, but who is at least 14 years old, must obtain the explicit authorization of the person exercising parental authority to be engaged in employment authorized by the minister responsible for labour, as an exceptional and temporary measure, taking into account the specific circumstances of the occupation or the situation of the persons concerned. As the provisions of the Labour Code were adopted later than those of Act No. 27/2001 of 28 April 2001, the Committee requests the Government to provide information on the articulation of the various texts, and particularly between Act No. 27/2001 and the Labour Code.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. The Committee notes the Government’s indications that the content of the expression "the worst forms of child labour" used for the purposes of the Convention has been taken up in the draft ministerial order determining the nature of the types of work and categories of enterprises prohibited for children. The Committee requests the Government to provide a copy of the above order once it has been adopted.

1. Forced or compulsory labour. The Committee notes that, under the terms of section 4(1) of the Labour Code, forced or compulsory labour is prohibited. It notes the Government’s indication that section 37 of Presidential Order No. 26/01 of 10 December 2001 provides that work performed in the context of a penalty that is an alternative to imprisonment shall be covered by the requirements set out in laws and regulations respecting work by young persons. The Committee requests the Government to provide a copy of Presidential Order No. 26/01 of 10 December 2001.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s indications that section 19 of the Act of 28 April 2001 provides that military service shall be prohibited for children under 18 years of age. The Committee notes the Government’s statement in its report that section 5 of Presidential Order No. 72/01 of 8 July 2002, issuing the general conditions of service of members of the armed forces, provides that, to be admitted to the Rwandan defence forces, persons must be at least 18 years of age. It also notes that the Government adds in a report entitled: "Findings of the rapid evaluation survey in Rwanda of the situation of children engaged in armed conflict" (Ministry of the Public Service, Vocational Training, Trades and Labour/ILO-IPEC, Kigali, March 2003, pages 11 and 35) that there is not a single armed group that includes children on the territory of the Republic of Rwanda as the demobilization of the former child soldiers in the first group (i.e. the Rwandan forces) was completed in 1998. Furthermore, the armed groups from which the former child soldiers of the second group originate are established on the territory of the Democratic Republic of the Congo and cannot cross the Rwandan frontier to recruit more children. The rapid evaluation survey concludes that the risk of the re-recruitment of these former child soldiers is therefore low. However, the Committee notes that the Office of the Special Representative of the Secretary-General of the United Nations for Children and Armed Conflict expressed concern at the recruitment of youths into the local defence forces and concerning the children among the primarily Hutu insurgents, fighting in the Democratic Republic of the Congo (A/57/402, 25 September 2002, paragraph 38). The Committee also notes that, according to the "Findings of the rapid evaluation survey in Rwanda on the situation of children engaged in armed conflict" (pages 23 and 28), the children interviewed participated in combat, acted as bodyguards for commanders, engaged in patrols, the maintenance and cleaning of arms and as porters (including the transport of munitions over long distances), the preparation of meals, laundry, the pillaging of houses and shops, and that certain cases of killings of civilians and even torture by children have even been reported. The Committee requests the Government to provide a copy of Presidential Order No. 72/01 of 8 July 2002, issuing the conditions of service of members of the armed forces, and to provide information on the application in practice of section 19 of the Act of 28 April 2001 respecting the rights and protection of children against violence. It also requests the Government to keep it informed of developments in the situation with regard to child soldiers and former child soldiers.

Clause (d). Hazardous work. 1. Prohibition of hazardous types of work constituting the worst forms of child labour for persons under 18 years of age. The Committee notes that section 18 of Act No. 27/2001 of 28 April 2001 provides that work performed by a child shall not involve risks likely to jeopardize her or his education or harm her or his health and physical development. It also notes that, by virtue of section 1 of this Act, any person under 18 years of age is considered to be a child. It notes that section 65(3) of the Labour Code provides that children under 16 years of age may not be employed in night work and types of work that are unhealthy, arduous, harmful or dangerous for their health and development and that the list of these types of work shall be determined by order of the minister responsible for labour. It also notes that, under the terms of section 61 of the Labour Code, it is prohibited to employ children under 16 years of age at night (that is between 7 p.m. and 5 a.m., in accordance with section 60 of the Labour Code). The Committee reminds the Government that, in accordance with Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children, is considered to comprise the worst forms of child labour and, as such, shall not be performed by persons under 18 years of age. The Committee requests the Government to ensure that persons under 18 years of age are not engaged in night work or types of work that are unhealthy, arduous, harmful or dangerous for their health and development It also requests the Government to provide information on the application in practice of section 18 of Act No. 27/2001 of 28 April 2001, which provides that work performed by a child shall not involve risks likely to jeopardize her or his education or harm her or his health and physical development.

2. Self-employed workers. The Committee notes that, by virtue of section 65(3) of the Labour Code, children under 16 years of age may not be employed in night work or in types of work that are unhealthy, arduous, harmful or dangerous for their health and development, and that the list of these types of work shall be determined by order of the minister responsible for labour. However, the Committee observes that, by virtue of section 2 of the Labour Code, the scope of application of the Labour Code is limited to persons working under the direction and authority of another person and in exchange for remuneration. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee notes that, in accordance with section 65(3) of the Labour Code, children under the age of 16 years may not be employed in night work or types of work that are unhealthy, arduous, harmful or dangerous for their health and development and that the list of these types of work shall be established by order of the minister responsible for labour. The Committee reminds the Government that, in accordance with Article 4 of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration, relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Recommendation, which indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. It hopes that the Government will take these comments into consideration when formulating the order to be issued under section 65(3) of the Labour Code determining the list of hazardous types of work, and that it will be adopted very soon so as to bring the national legislation into conformity with the Convention. It also requests the Government to indicate whether consultations are envisaged with the organizations of employers and workers for the preparation of the order determining the list of hazardous types of work.

Paragraph 2. Identification of hazardous work. The Committee notes the indication in the Government’s report that, for the determination of the types of work that are prohibited for children as set out in the draft order implementing section 64 of the Labour Code, consideration has been given to the following three studies: (a) the analysis of the situation of child labour in Rwanda of March 1999 conducted by ILO/IPEC and the Ministry of the Public Service and Labour; (b) the analysis of the situation of child labour in Rwanda, a supplementary study of December 2000 conducted by the Ministry of the Public Service and Labour with the support of UNICEF; and (c) a study on child prostitution in Rwanda of March 2000 conducted by the Ministry of the Public Service and Labour with the support of UNICEF. The Committee also notes the Government’s indications that the draft order on the types of work prohibited for children will be submitted to the social partners for their views before being examined by the Council of Ministers. The Committee requests the Government to indicate the types of work identified as being hazardous and, accordingly, included in the draft order determining the list of the types of work and categories of enterprises prohibited for children.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. 1. National Consultative Committee on Child Labour. The Committee notes the Government’s indication in its report that the measures to give effect to the provisions of Article 5 of the Convention have not yet been adopted, but that the Ministry of the Public Service and Labour envisages establishing a National Consultative Committee on Child Labour. This National Committee, composed of representatives of the ministries concerned, the interested international organizations and NGOs, as well as the social partners, should be created in 2003. The Committee requests the Government to provide information on the establishment of the National Consultative Committee on Child Labour, and particularly on its activities and functions.

2. Labour inspection. The Committee notes the Government’s indication in its report that the Labour Directorate and the Labour Inspectorate are the competent authorities responsible for the enforcement of the provisions giving effect to this Convention. The Committee notes that, under the terms of section 160 of the Labour Code, the Labour Directorate is a body of the public administration responsible for formulating, establishing and applying the national labour and employment policy. It also notes that, in accordance with section 161 of the Labour Code, the Labour Inspectorate is responsible for monitoring the implementation of the provisions of the Labour Code, its implementing orders and of collective agreements. The Committee notes that the rapid evaluation survey in Rwanda on the situation of children engaged in armed conflict, carried out by the Ministry with the support of the ILO, indicates that the minister responsible for labour does not have the necessary capacity to ensure permanent follow-up, that the information concerning employees is not verified by labour inspectors and that there is no report on the informal sector (Minister of the Public Service, Vocational Training, Trades and Labour/ILO-IPEC, "Findings of the rapid evaluation survey in Rwanda on the situation of children engaged in armed conflict", Kigali, March 2003, page 12). The Committee requests the Government to indicate the measures adopted or envisaged to enable labour inspectors to supervise efficiently and effectively the implementation of the Labour Code. It also requests the Government to provide information on the mechanisms established or envisaged for the implementation of the provisions of the Convention in cases where the national measures do not come under the application of the Labour Code, but lie within the scope of penal provisions (prostitution, pornography, illicit activities).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indications that there are no programmes specifically to combat the worst forms of child labour, but that various programmes have an impact in this respect, including the current poverty reduction programme and the education for all programme, which is about to be launched. The Committee notes that Rwanda is covered by the subregional programme for the prevention and reintegration of children involved in armed conflict in Central Africa, the beneficiaries of which are children under 18 years of age exposed to the risk of recruitment and young persons already involved in armed conflict in the four countries covered by the programme. The Committee requests the Government to provide information on the implementation of the poverty reduction programme and the programmes of action adopted or envisaged to eliminate as a priority the worst forms of child labour. It also requests the Government to indicate the consultations held with the relevant state institutions and employers’ and workers’ organizations, in accordance with the provisions of this Article, and, where appropriate, the views of other concerned groups taken into consideration.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention. The Committee notes the Government’s indication in its report that Act No. 27/2001 of 28 April 2001 respecting the rights and protection of the child against violence establishes penalties for any person who: has knowledge of violence against a child and does not report it (section 28); has inflicted upon a child cruel treatment, atrocious suffering or inhumane and degrading sanctions (section 32); has diverted or removed a child with a view to prostitution or sexual activities (section 38); has managed or financed a brothel or exploited children for the purposes of prostitution (section 39); has been found guilty of the abduction, sale or trafficking of a child (section 41); has made use of a child for the trafficking of drugs, arms or for smuggling (section 42); or has led a child into vagrancy and begging (section 46). Furthermore, the Government indicates in its report that no penalty is envisaged for violations of the prohibition to recruit children under 18 years of age for military service, as set out in section 19 of Act No. 27/2001 of 28 April 2001. It adds that the same applies in cases of violations of section 18 of Act No. 27/2001 of 28 April 2001, which provides that work performed by a child shall not involve risks likely to jeopardize her or his education or harm her or his health or physical development and that children may not be employed in any enterprise before the age of 14 years. The Committee requests the Government to ensure that penalties are applied in cases of violations of the provisions respecting the worst forms of child labour, and particularly violations of sections 18 and 19 of Act No. 27/2001 of 28 April 2001 respecting the rights and protection of the child against violence. It also requests the Government to provide information on the enforcement of penalties in practice.

Paragraph 2. Effective and time-bound measures. The Committee notes the Government’s indications that the programmes of intervention on behalf of children subject to the worst forms of child labour and their families have not yet commenced. However, the Committee notes that measures have been adopted in the following fields.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the absence of general programmes for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. However, it notes with interest that, despite the limited resources, the process of demobilizing child soldiers and the programme for their reintegration commenced in 1995. Children released from their military obligations receive psychological and material support in preparation for their return to civilian life (IPEC, the use of children in armed conflict in Central Africa, report of the subregional consultation on concerted action for the prevention and reintegration of children used in armed conflict in Central Africa, Yaoundé, 21-23 January 2003, page 8). It also notes that a National Demobilization and Reintegration Commission has been established and that it has its own programme, financed by the World Bank until 2005 (Ministry of the Public Service, Vocational Training, Trades and Labour, "Findings of the rapid evaluation survey in Rwanda on the situation of children engaged in armed conflict", pages 38 and 39). In this context, former child soldiers are provided with basic training, support for their reintegration into family life and school and a number of goods of prime necessity. According to the findings of the rapid evaluation survey in Rwanda on the situation of children engaged in armed conflict, the programmes for prevention, demobilization and reintegration of former child soldiers in Rwanda are principally supported by UNICEF in the context of its cooperation programme with the Government of Rwanda for the period 2001-06 and the project on the rights to child protection, one of the objectives of which is to provide support to the community for the reintegration of child prisoners, demobilized child soldiers and street children. These children nevertheless encounter difficulties, particularly with regard to the conditions for their admission into training centres for young persons providing vocational training, which require at least two years’ education following primary school, whereas most of these children have not even completed primary school. The rapid evaluation survey concludes that the reintegration of these children into economic life will also be difficult in view of their lack of vocational skills. The Committee requests the Government to keep it informed of the progress achieved in removing and securing the rehabilitation of child soldiers. It also requests the Government to provide information on the measures adopted or envisaged to assist in removing children from other types of work considered to comprise the worst forms of child labour.

Clause (c). Access to free basic education. The Committee notes that article 40 of the Constitution, section 10 of Act No. 27/2001 and section 2 of Act No. 14/1985 respecting the organization of primary, rural and integrated crafts and secondary education provides that primary education shall be compulsory and free in public establishments for all children resident on the Rwandan territory without any discrimination whatsoever. It also notes the Government’s indication in its report on the application of Convention No. 138 that a large number of workers are children who have dropped out of primary school early. In this respect, it notes with interest that a programme entitled "Education for all" was established in September 2000 by the Ministry of Education, Science, Technology and Scientific Research with the support of UNESCO to promote the access of children to education and their maintenance in primary education. It requests the Government to provide information on the programme "Education for all", and particularly the results observed in terms of access to free basic education.

Clause (d). Children at special risk. The Committee notes the Government’s indications that a programme on child domestic workers is being carried out with support from UNICEF. The Committee requests the Government to provide information on this programme, its objectives, duration and the results observed.

Clause (e). The special situation of girls. The Committee notes the establishment of the "gender observatory" (article 185 of the Constitution). This consists of an independent national institution responsible for the constant evaluation of compliance with gender indicators with a view to sustainable development and serving as a framework for orientation and reference in relation to equity and equality of opportunities. It also notes that article 187 of the Constitution establishes a National Women’s Council, the organization, functions and activities of which, and its relations with other state bodies, shall be determined by law. The Committee requests the Government to indicate whether the "gender observatory" and the National Women’s Council contribute to account being taken of the special situation of girls in the measures adopted to ensure the prohibition and elimination of the worst forms of child labour. It also requests the Government to provide, where appropriate, copies of the reports issued by these bodies and the legislation establishing the conditions under which the National Women’s Council operates.

Paragraph 3. The Committee notes the information provided by the Government in its report to the effect that the competent authorities responsible for the implementation of the provisions giving effect to the Convention are the minister responsible for labour, the Labour Director and labour inspectors. The Committee requests the Government to indicate the methods by which such implementation is supervised.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Rwanda is a member of Interpol, which contributes to facilitating cooperation with the countries of the region, particularly through the exchange of information making it possible to combat the trafficking of children more effectively. The Subdirectorate for Africa is responsible for identifying crimes committed in Africa, assisting in the coordination of complex criminal investigations, establishing statistics on the crimes committed in the various regions and the applicable legislation, comparing them and undertaking the dissemination of the information obtained. Cooperation between Rwanda and its neighbouring States is facilitated by the ratification of the African Charter on Human and People’s Rights. The African Commission on Human and People’s Rights has issued recommendations and resolutions on the measures to be taken in the various countries for the period 1988-2002. The Committee also notes that Rwanda has ratified the Convention on the Rights of the Child and has signed the Protocol on the Involvement of Children in Armed Conflicts and the Protocol on the Sale of Children, Child Prostitution and Child Pornography; and the African Charter on the Rights and Welfare of the Child; and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 1949 and its Protocol. It notes with interest that Rwanda is participating in the subregional programme for the prevention and reintegration of children participating in armed conflict in Central Africa, alongside the Democratic Republic of the Congo and Burundi. The Committee requests the Government to keep it informed of the mutual assistance measures adopted in the context of the subregional programme for the prevention and reintegration of children participating in armed conflict in Central Africa and any other mutual assistance measures taken to give effect to the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part V of the report form. The Committee notes the Government’s indications that the reports of labour inspectors do not contain any information on the inspections carried out in relation to the worst forms of child labour, nor therefore on the violations reported and the penalties imposed. It also notes that a study on child prostitution in Rwanda was undertaken by the Ministry of the Public Service and Labour in March 2000 with the support of UNICEF, but that no quantitative survey has been carried out on the worst forms of child labour in Rwanda. The Committee encourages the Government to urge the Labour Inspectorate to include data in its reports on the violations reported relating to the worst forms of child labour. It also requests the Government to provide copies or extracts of official documents, including the reports of the inspection services, studies and inquiries, such as the study on child prostitution in Rwanda. It also encourages the Government to carry out quantitative statistical studies on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and the penal sanctions applied.

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