Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - Rwanda (Ratification: 2001)

Articles 1(1) and 2(1) of the Convention. 1. Punishment of vagrancy. The Committee recalls that, under Law No. 17/2017 of 28 April 2017 establishing the National Rehabilitation Service and determining its mission, organization and functioning, vagrants, beggars or other persons who exhibit behaviour considered as “deviant” can be placed in transit and rehabilitation centres and requested to undertake activities which are assigned to them during the period determined by the centres. The Committee notes the Government’s indication, in its report, that, as of 27 July 2023, transit centres accommodated 7,908 “deviant” people out of whom 1,395 vagrants, and rehabilitation centres accommodated 7,392 “deviant” people of which 629 vagrants. The Government adds that individuals in rehabilitation centres are enrolled in practical exercises for vocational training and occupational activities “to restore their sense of responsibility” but that no penalty is applied for those who refuse to participate in the training.

2. Freedom of public servants and career military personnel to leave their employment. The Committee recalls that, pursuant to sections 73, 78 and 81 of Law No. 17/2020 of 7 October 2020 establishing the General Statute governing public servants, and section 206 of Presidential Order No. 044/01 of 14 February 2020 establishing Special Statute governing the Rwanda Defence Force, an application to resign submitted by a public servant or a member of the armed forces may be either accepted or refused. The legislation does not establish the criteria to be applied in deciding whether a resignation request will be granted. The Committee notes the Government’s statement that, so far, no public servant has been denied the right to resign. With regard to members of the armed forces, the Government indicates that the resignation applications are assessed by a composite committee which takes into account the specific characteristics of the military profession and submits its recommendations to the Ministry of Defence, which has 60 days to issue a decision.

The Committee recalls that public servants, including career military personnel in peacetime, should have the right to leave their employment within a reasonable period, for example by means of prior notice (see 2012 General Survey on the fundamental Conventions, para. 290). The Committee notes with regret that the Government did not take the opportunity afforded by Presidential Order nº 049/01 of 12 April 2024 amending Presidential Order nº 044/01, and Law No. 052/2024 of 07 June 2024 amending Law No. 017/2020, to amend the above-mentioned provisions and explicitly provide for the possibility to leave the service in peacetime within a reasonable period, prior notice. The Committee again requests the Government to provide information on the measures taken to ensure that public servants and career military personnel are not deprived of the right to leave the service in peacetime within a reasonable period, either at regular intervals or with prior notice. In the meantime, it requests the Government to: (i) indicate the criteria applied in practice to accept or reject a resignation request made by career military personnel or those that could be used to reject a resignation request made by civil servants; and (ii) provide statistical information on the number of resignation requests submitted, and, if so, the number of resignations refused and the grounds for such refusal.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Prison labour performed for the benefit of private entities. The Committee takes note of the adoption of Law No. 021/2022 of 29 September 2022 governing Rwanda Correctional Service (RCS), which repealed Law No. 34/2010 of 12 November 2010. It takes due note that the new legislation repealed the obligation of prisoners to “perform activities for the development of the country, themselves and the prisons,”. The Committee observes however that the new law does not contain anymore a provision guaranteeing that a prisoner cannot be forced to perform work. Referring to its previous comments where it noted that prison labour may be carried out for the benefit of private companies, the Committee notes the Government’s statement that prisoners are free to perform work according to their skills and consent. The Committee again requests the Government to provide information on the measures taken, both in law and practice, to ensure that free, formal and informed consent is required from convicted prisoners when they work for private entities, and that they are provided with conditions approximating a free labour relationship. It requests the Government to provide copies of any text regulating prison labour, as well as models of the agreements concluded between private entities and prisons management and any contracts concluded between these entities and prisoners.

2. Community service. The Committee takes note of the adoption of: (1) Law No. 59/2023 of 4 December 2023 amending Law No. 68/2018 of 30 August 2018 determining offences and penalties in general, and more particularly section 35 which provides that the penalty of community service can be imposed as a principal penalty or as an alternative to imprisonment when an offence is punishable by a term of imprisonment of up to five years; and (2) Presidential Order No. 022/01 of 31 March 2023 determining modalities for the execution of the penalty of community service. Pursuant to the Presidential Order, persons sentenced to community service can work: (1) for public organs, public institutions, civil society or members of the private sector which have been authorized after signing a contract with the RCS; or (2) at host camps established by the RCS, in collaboration with the concerned district. The RCS is responsible for selecting the place where persons sentenced to community service serve their penalty, whether living at home or in dedicated camps. The Committee observes that the community service may be imposed without the consent of the convicted person and may be performed for the benefit of private entities. The Committee recalls that, where the performance of community work may be for the benefit of private entities, such as charitable associations or institutions, the conditions for its performance should be adequately managed and supervised to ensure that the work undertaken is effectively work of general interest and that the entities for which it is carried out are non-profit-making. The Committee therefore hopes that the necessary measures will be taken to ensure that any community service performed for the benefit of private entities is adequately managed and supervised to ensure that such entities are non-profit-making and the work undertaken is genuinely in the general interest. It requests the Government to provide information on: (i) the number of convicted persons performing community service for private entities; (ii) the nature and types of works undertaken; and (iii) the list of authorized private entities.