CRC/C/RWA/CO/3-4
(g)
Labour inspectors, operating under the Ministry of Public Service and Labour
lack adequate resources to effectively carry out their functions.
61.
The Committee recommends that the State party:
(a)
Intensify efforts to investigate and prosecute individuals involved in the
worst forms of child labour, including by increasing resources for labour inspectors
and making information publicly available on investigation and prosecutions of
individuals involved in child labour;
(b)
Take steps to establish a unified mechanism for systematic data
collection and analysis on incidences of hazardous child labour and working
conditions, disaggregated by age, sex, geographical location, socioeconomic
background and type of work as a form of public accountability for protection of the
rights of children;
(c)
Amend existing legislation, including the legislation covering domestic
work to ensure that they include both provisions to prohibit child labour as well as
provisions to ensure that work performed by workers, who are under the age of 18
and above the minimum age of employment, does not deprive them of compulsory
education, or interfere with opportunities to participate in further education or
vocational training. In this regard, the Committee recommends that the State party
strengthen inter-agency and interministerial collaboration to eliminate child labour;
(d)
Amend Law No. 13/2009 to ensure that the law covers workers in the
informal sector, including in family agricultural or domestic work and not just
contractual employment;
(e)
Identify hazardous domestic and agricultural work carried out by
children and prohibit and eliminate such work for children under the age of 18. In
this regard, the State party should amend Law No. 54/2011 relating to the rights and
the protection of the child to legally prohibit employment of children under 18 in
underground mining activities; and
(f)
Require employers of agricultural and child domestic workers to report
all work-related injuries and serious illnesses to labour inspectors at the district level
in order to monitor the situation and collect and publish better statistics than are
currently available about such incidents; and
(g)
Ratify ILO Convention No. 189 (2011) concerning decent work for
domestic workers.
Administration of juvenile justice
62.
The Committee notes that the adoption of the law on the rights and the protection of
the child (Law No. 54/2011) is an important step in addressing some of the shortcomings of
juvenile justice in the State party. However, the Committee regrets that, notwithstanding its
previous recommendation (CRC/C/15/Add.234, para. 74, 2004), the State party has not
established independent children’s courts. In particular, the Committee expresses concern
that:
(a)
The “special chamber” established for hearing children’s cases operates
under an ad hoc arrangement, does not exist at the High Court nor the lower courts, and
lacks judges and lawyers specialized in children’s rights and juvenile justice;
(b)
Children in vulnerable situations, such as children living in street situations
and victims of child prostitution continue to be perceived as offenders and to be detained in
an unofficial detention centre in Gikondo under poor living conditions and without any
charges; and
17