Identifier
Created
Classification
Origin
09KIGALI29
2009-01-21 06:41:00
UNCLASSIFIED
Embassy Kigali
Cable title:  

RWANDA: CHILD LABOR INFORMATION FOR TRADE AND

Tags:  ELAB EIND ETRD PHUM SOCI USAID PGOV RW 
pdf how-to read a cable
P 210641Z JAN 09
FM AMEMBASSY KIGALI
TO DEPT OF LABOR WASHDC PRIORITY
SECSTATE WASHDC PRIORITY 5843
INFO USMISSION GENEVA
UNCLAS KIGALI 000029 


DOL/ILAB FOR TINA MCCARTER AND DRL/ILCSR FORO TUD DANGE

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI USAID PGOV RW
SUBJECT: RWANDA: CHILD LABOR INFORMATION FOR TRADE AND
DEVELOPMENT ACT (GSP) 2008 REPORT

REF: 08 STATE 127448


UNCLAS KIGALI 000029


DOL/ILAB FOR TINA MCCARTER AND DRL/ILCSR FORO TUD DANGE

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI USAID PGOV RW
SUBJECT: RWANDA: CHILD LABOR INFORMATION FOR TRADE AND
DEVELOPMENT ACT (GSP) 2008 REPORT

REF: 08 STATE 127448



1. Post submits the following information in response to
reftel request for information on child labor in Rwanda.
Point of contact for further information is PolOff Jennifer

L. Orrico.

A) Laws and regulations proscribing the worst forms of child
labor:

Article 28 of the Constitution guarantees every child special
measures of protection by his/her family, society, and the
state.

The 2006 National Employment Policy affirms the right to work
in just and favorable conditions, and recommends enhanced
youth employment opportunities, including vocational training
and development of entrepreneurship, while also calling for
the elimination of child labor.

Articles 363 to 378 of the penal code provide for
punishment of prostitution, incitement to prostitution,
exploitation of prostitution and public indecency.

Law No. 27/2001 (April 28, 2001) includes provisions for
the protection of the child against violence. Article 4
states that the minimum age for recruitment into the army is

18. Forced marriage and involvement of children in
prostitution, pornography, drug trafficking and slavery are
also punishable crimes under the law. This law also
establishes that any sexual relations with a child under 18
are considered rape. Anyone who lives or attempts to live
with a child of less than 18 as husband or wife shall be
deemed to have committed rape. Under this law, the penalty
for rape of a child between 14 and 18 is 20 to 25 years in
prison, and life in prison for rape of a child under 14.

Law No. 51/2001 establishing the labor code states that the
child shall not be employed for night tasks that are
unhealthy or dangerous. Articles 192 and 194 of the labor
code provide for penalties against those who violate said
provisions. The labor code also expressly forbids forced
labor.

Law No. 13/2002 (July 1, 2002) governs the armed forces and
Law No. 16/2002 (August 15, 2002) establishes the minimum age
for enrollment in the army.


The National Policy for Orphans and Vulnerable Children
(2003) outlines measures to protect children from abuse and
exploitation and to provide them with access to health care,
education, and economic and psychosocial support.

There is no specific anti-trafficking law, but laws against
slavery, prostitution by coercion, kidnapping, rape, and
defilement were available to prosecute traffickers. Punitive
measures include fines for those who exploit child labor.
Prostitution is illegal, and punitive measures regarding
prostitution include imprisonment of three months to five
years for those who entice others into prostitution;
imprisonment of six months to six years and a fine for those
who procure prostitutes; and imprisonment of one to five
years for those who financially benefit from the
proceeds. The penalty for rape ranges from a minimum of 15
years imprisonment to a maximum of a life sentence if the rape
results in the severe chronic disease or death of the victim.
Any sexual relations with a child under 18 are considered
rape, and are punishable by between 20 years to life in
prison. Rape of a child resulting in severe chronic disease
or death of the victim is also punishable by life
imprisonment.

The GOR has ratified ILO Conventions 138 and 182. Rwanda is
a signatory to the United Nations Convention on the Rights of
the Child and has acceded to the Optional Protocols on the
Involvement of Children in Armed Conflict and on Child
Trafficking, Child Prostitution, and Child Pornography. It
has also signed the African Charter on the Rights and the
Welfare of the Child. Rwanda is also a signatory to the
UNESCO World Declaration on Education for All, the UN
Convention on the Elimination of All Forms of Discrimination
Against Women and the UN Resolution 48/96 on Standard Rules on
the Equalization of Opportunities for Persons with Disabilities.
The Government of Rwanda (GOR) identified five forms of child
labor as those that should be considered as the "worst forms
of child labor," including domestic work outside the family
sphere; agricultural activities on tea, rice, and sugar cane
plantations; work in brickyards and sand extraction quarries;
crushing stones; and prostitution.


B) Regulations for implementation and enforcement of
proscriptions against the worst forms of child labor:

Civil fines and criminal penalties, including imprisonment,
are available to prosecute violators of child labor laws.
Some districts have established by-laws to prevent child
labor.

The GOR has limited resources to investigate child labor
violations, but employs 30 labor inspectors, one for each of
its 30 districts, in 12 regional offices. A National
Advisory Committee on Child Labor comprised of various
government ministries, the National Human Rights Commission,
the Rwandan National Police, trade unions, and NGOs meets
regularly to provide guidance and technical assistance to the
government on child labor issues.

Statistics on the number of investigations into child labor
cases and numbers of resulting penalties were not available.

The GOR offered training to police and offered community
sensitization programs on child protection and trafficking
issues. NGOs provided local government child development
committees with training on monitoring child labor and
sensitized parents and children on child labor issues through
these committees. School-based programs included teacher
training on child labor monitoring and counseling and the
formation of student clubs to raise awareness of social
issues including child labor and HIV/AIDS.

C) Social programs specifically designed to prevent and
withdraw children from the worst forms of child labor:

The GOR collaborated with a regional NGO to withdraw or
prevent children from exploitative labor through the
provision of training and prevention services. Joint efforts
between the GOR and NGOs directed toward street children
included prevention, rehabilitation, and reintegration
programs. In conjunction with NGOs, the GOR worked to
develop a child poverty profile to determine which vulnerable
children would have access to a social support package
including health, educational, justice, and psychosocial
services.

The GOR supported a demobilization and reintegration program
for combatants, including children. Children who had served
as soldiers in the Democratic Republic of Congo (DRC)
received care and reintegration preparation from the Muhazi
demobilization center for children in the Eastern Province.

D) Comprehensive policy aimed at the elimination of the worst
forms of child labor:

The GOR has a Strategic Plan of Action for Orphans and Other
Vulnerable Children as well as a National Policy for the
Elimination of Child Labor. Child labor is specifically
incorporated into the national Economic Development and
Poverty Reduction Strategy and child protection and
development is prioritized in the Vision 2020 long-term
development plan as well as in the National Investment
Strategy. These strategic plans are multi-year programs, and
implementation is ongoing.

Article 38 of the Constitution provides for free primary
education for all children. However, many parents had to pay
unofficial fees to support basic school operations.

E) Continual progress toward eliminating the worst forms of
child labor:

More than 85 percent of the Rwandan workforce is engaged in
subsistence agriculture, and child labor in this sector
continues. Children also worked as household domestics, as
small-scale vendors, in tea plantations, and in the
brick-making industry. The GOR continues to make concerted
efforts to address and reduce the worst forms of child labor.
Qefforts to address and reduce the worst forms of child labor.
Accurate statistics on child labor changes in the past year
were not available.

SIM