Ministerial Order determining the List of Worst Forms of Child Labour, their Nature, Categories of Institutions that are not Allowed to Employ them and their Prevention Mechanisms


Rwanda

Ministerial Order determining the List of Worst Forms of Child Labour, their Nature, Categories of Institutions that are not Allowed to Employ them and their Prevention Mechanisms

Ministerial Order 6 of 2010

The Minister of Public Service and Labour,Pursuant to the Constitution of the Republic of Rwanda of 04 June 2003 as amended to date, especially in Articles 121 and 201;Pursuant to Law n° 13/2009 of 27/05/2009 regulating labour in Rwanda, especially in Articles 72 and 73;After consideration and approval by the Cabinet, in its session of 29/01/2010;HEREBY ORDERS:

Chapter One
List and nature of works prohibited to children

Article One – Purpose of this Order

This Order determines the list of worst forms of child labour, their nature, categories of institutions that are not allowed to employ them and their prevention mechanisms.

Article 2 – List of worst forms of child labour

Worst forms of child labour, prohibited to children are divided into three categories:worst forms of child labour;works that may affect the health, security or morality of the child;works that may be dangerous to the health of the child.

Chapter II
Nature of the worst forms of child labour

Article 3 – Worst forms of child labour

The worst forms of child labour shall especially include:to induldge children in slavery or similar practices;children trafficking;to turn them into debt bondage;to replace them with mature people in forced labour;to use them in conflicts and wars;attract them into prostitution and to make use of them in these activities, to use them in all activities and in the production of pornography or for pornographic performances;to use them in producing and trafficking of drugs.

Article 4 – Works that may affect the health, security or morality of the child

Works that may affect the health, security or morality of the child shall include:works carried out on the surface or underground aimed at mining or works carried out underneath the water, places with high heights or congested places;works carried out in the drainage of marshlands, cutting down of trees, utilising fertilisers and pesticides;works carried out in unhygienic places that may expose children to dangerous products and chemicals, conditions of very high temperature, noise and vibrations that may affect the lives of the children;works related to demolitions.

Article 5 – Works that may be dangerous to the health of the child

The works that may be dangerous to the health of the child shall include among others:works that may affect the child’s health, either physically or psychologically;works that are carried out using machines or other dangerous materials that may affect the health of the child or that require lifting or carrying heavy load;works related to fishing using boats;domestic works carried out of their family circles for a salary or whatever gain;works that require children to carry loads that are heavier than their physical capacity;works carried out in long hours and at night between 8 p.m. and 6 a.m. for a salary or other direct or indirect wages;construction works carried out using ropes and other materials;construction and demolition works, heavy lifting machines and other dangerous instruments;works of lifting or removing heavy products using lifting machines if they are not operated from far and in an enclosed area;10°works that require driving heavy machines and vehicles that lift loads and those that used to level the ground;11°works involving visiting, verifying servicing machines that are turned on except where those machines have protective parts to avoid contact with such parts in motion;12°works carried out in places with machines that are turned on or off automatically and other annexed machines that do not have guards to prevent free access.

Chapter III
Categories of institutions that are not allowed to employ children

Article 6 – Industrial institutions prohibited to employ children

It is prohibited to employ children in the following institutions with works that are considered worst forms of employment to children:institutions that produce ponographic materials or ponographic shows;institutions that manufacture, sell, advertise draw, print different publications that contrary to the morality and which are punishable by Law in case of their sale, exposed or distributed to the public;mining and quarry institutions whether public or private;institutions that carry out slaughtering of animals, rear dangerous or poisonous animals;institutions that manufacture toxic gases;institutions that are involved in the manufacture and traffic of drugs;military camps or paramilitary organisations;instituttions that carry out the works stipulated in Article 3 of this Order;It is also prohibited to employ children in the following institutions with works that are considered dangerous to the health of the children:institutions that produce and sell alcohollic drinks;construction institutions;bricks and tiles manufacturing institutions;institutions that carry out the works mentioned in Article 4 of this Order.

Chapter IV
Preventive mechanisms for worst forms of child labour

Article 7 – Birth certificate

Every employer in the institutions mentioned in Article 6 of this Order shall request a birth certificate from a worker before signing an employment contract with him/her.

Article 8 – Implementation of the Law

Labour inspector carries out regular inspection to see whether there are children below 16 years employed in institutions.

Chapter V
Final provisions

Article 9 – Repealing provision

All prior provisions contrary to this Order are hereby repealed.

Article 10 – Commencement

This Order shall come into force on the date of its publication in the official Gazette of the Republic of Rwanda.
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History of this document

26 July 2010 this version
13 July 2010
Assented to