Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Convention (n° 123) sur l'âge minimum (travaux souterrains), 1965 - Rwanda (Ratification: 1970)

In its previous comments, the Committee has pointed out that Ministerial Circular No. 221/2243/10/473/325 of 29 December 1970 and Presidential Order No. 111/09 of 17 April 1978, to which the Government again refers in its report, do not suffice to ensure full application of the Convention. It recalls, in particular, that the above Ministerial Circular fixing the minimum age for underground work at 18 years, which is addressed to employers and labour inspectors requesting them to secure observance of the provisions of the Convention, does not replace the legislative provisions required by Article 2 of the Convention. Furthermore, for a number of years, the Government has indicated that a draft Order had been prepared under section 124 of the Labour Code, to provide that young people under 18 years of age shall not be "employed" or "work" underground in mines and quarries, in accordance with Article 2. The Committee notes that the Government does not mention this draft in its last report. The Committee also recalls that section 5 of Presidential Order No. 111/09 of 17 April 1978 prescribes the keeping of an employer's record at the workplace indicating the name and age of the workers, whereas Article 4, paragraph 4, of the Convention requires the employer's records to indicate, in respect of persons under the age of 20 who are employed or work underground, in addition to their date of birth, the date at which they were employed or worked underground in the undertaking for the first time. This information must also be included in the lists of such persons that the employer must make available to the workers' representatives at their request, in accordance with paragraph 5 of this Article. The Committee therefore trusts that the draft Order to establish the minimum age of 18, in accordance with section 124 of the Labour Code will be adopted shortly. It hopes that the Order will also prescribe appropriate penalties to ensure enforcement of the minimum age provision, in accordance with Article 4, paragraph 1, of the Convention, and the keeping of the records and lists laid down in paragraphs 4 and 5 of the same Article, and will provide that they shall be made available to the workers' representatives.

The Committee trusts that the Government will indicate the measures taken to bring the national legislation into harmony with the Convention with regard to the above points.