Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Rwanda (Ratification: 1962)

Article 1(a) of the Convention. Sanctions involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, pursuant to the adoption of Law No. 021/2022 of 29 September 2022 governing Rwanda Correctional Service which repealed Law No. 34/2010 of 12 November 2010, the obligation of prisoners to “perform activities for the development of the country, themselves and the prisons” has been repealed. The Committee recalls nonetheless that section 35 of Law No. 68/2018 of 30 August 2018 determining offences and penalties in general, as amended, provides that the court may order the convict to serve community service as a principal penalty or in lieu of imprisonment when an offence is punishable by a term of imprisonment of up to five years. The Committee observes that the legislation in force continues to provide that persons sentenced for penal offences may be under an obligation to perform work.

The Committee recalls that it has been drawing the Government’s attention to certain provisions of the legislation under which penal sanctions involving compulsory labour may be imposed in situations falling within the scope of Article 1(a) of the Convention. In particular, the Committee has referred to the provisions of:

• Law No. 68/2018 of 30 August 2018 (sections 161concerning public insult; section 164 concerning the crime of “instigating divisions”; section 194 concerning the spread of false information or harmful propaganda; section 204 on causing uprising or unrest among the population; and section 225(1) and (2), concerning demonstration in a public place without prior authorization or illegal demonstration or public meeting);
• Law No. 60/2018 of 22 August 2018 on prevention and punishment of cybercrimes (section 39 on “rumours that may incite fear, ... or that may make a person lose their credibility”); and
• Law No. 24/2016 of 18 June 2016 governing information and communication technologies (sections 60 and 206 concerning disseminations of “grossly offensive” or “indecent” messages).

The Committee also noted with deep concern information from United Nations bodies relating to prosecutions of journalists and human rights defenders and requested the Government to ensure that the provisions of the legislation above-mentioned are not used to sanction persons who express political views or views opposed to the system.

The Committee notes the Government’s statement that none of the above provisions has been revised and that the penalty of community service does not target persons expressing their political views.

In that regard, the Committee notes that, in their 2024 and 2025 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) and the United Nations Committee on Economic, Social and Cultural Rights (CESCR), respectively, express concern about: (i) the cumbersome registration requirements for NGOs; (ii) the insufficient protection of human rights defenders, including those working to defend economic, social and cultural rights, from harassment, intimidation and reprisals; and (iii) cases of arrests, detention and trials (CEDAW/C/RWA/CO/10; and E/C.12/RWA/CO/5).

The Committee notes with deep concern this information. The Committee once again requests the Government to take the necessary measures to ensure that individuals who, by means of methods that neither use violence nor incite violence, express political views or views opposed to the established political, social or economic system do not incur penal sanctions involving an obligation to work. It requests the Government to: (i) review the above-mentioned provisions of Law No. 68/2018 of 30 August 2018, Law No. 60/2018 of 22 August 2018, and Law No. 24/2016 of 18 June 2016, for example by clearly restricting their scope to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour; and (ii) indicate the number of prosecutions initiated under these provisions, the facts giving rise to such prosecutions and the types of penalties imposed.

Article 1(d). Sanctions for participating in strikes. The Committee recalls that Law No. 66/2018 of 30 August 2018 regulating labour provides for sanctions involving compulsory labour for employees who participate in an illegal strike – a legal strike being defined in a very restrictive manner (sections 105 and 118). Furthermore, Ministerial Order No. 004/19.20 of 17 March 2020 defines essential services in a very extensive way and prohibits employees from exercising the right to strike within ten days preceding or following elections in the country (sections 2–4 and 8).

The Committee notes the Government’s statement that the penalty of community service is not applicable to a person involved in an illegal strike. The Committee however observes that penalty of community service in lieu of imprisonment could be imposed on a worker involved in an illegal strike on the basis of section 118 of Law No. 66/2018 of 30 August 2018 – which imposes penalties of imprisonment of not less than six months and a fine for employees who go on strike illegally, read in conjunction with section 38 of Law No. 68/2018 referred to above – which provides that a penalty of community service may be ordered by court in lieu of imprisonment when an offence is punishable by a term of imprisonment of up to five years. The Committee once again urges the Government to take the necessary measures, both in law and practice, to ensure that no worker who participates peacefully in a strike can be liable and sentenced to penal sanctions involving compulsory labour.