Rwanda

Paragraph 405
Legislative provision in force for the prevention of slavery and practices similar to slavery:
Article 25 of the Constitution: “All forms of slavery shall be abolished and may not be restored.”
Article 40 of the Constitution: “Forced labour, except as a criminal penalty, shall be abolished and may not be restored.”
Paragraph 406
A new Rwandese penal code is in the process of being drafted. Meanwhile, the legal provisions concerning slavery which date from the period of Belgian trusteeship still apply, in particular the following, in chronological order:
(a) Decree of the King-Sovereign of 1 July 1891 suppressing the slave trade.
(b) Legislative Order No. 28/128 of 28 March 1923 abolishing domestic slavery and providing for penal servitude of one to five years for anyone reducing another person to slavery or maintaining him in that state.
(c) The International Slavery Convention of 25 September 1926 approved by the Belgian Act of 18 July 1927.
(d) The Penal Code of 30 January 1940, article 68 of which states: “The penalties and qualifications of the previous article shall apply to anyone who has abducted or caused to be abducted, apprehended or caused to be apprehended, or detained or caused to be detained any persons whatsoever in order to sell them as slaves, or who has disposed of persons placed under his authority for the same purpose.
Article 67 of the Penal Code reads as follows: “ A person who by violence, fraud or threats has abducted or caused to be abducted, arbitrarily apprehended or caused to be apprehended, or detained or caused to be detained any person whatsoever shall be liable to a term of penal servitude of one to five years.

Article 13. Inviolability of a human being
A human being is sacred and inviolable.
The State has an obligation to respect, protect and defend the human being.
Article 14. Right to physical and mental integrity
Everyone has the right to physical and mental integrity.
No one shall be subjected to torture or physical abuse, or cruel, inhuman or degrading treatment.
No one shall be subjected to experimentation without his or her informed consent.
Modalities of the consent and experiments are determined by law.
Article 17. Right to marry and found a family
The right to marry and found a family is guaranteed by the law.
A civil monogamous marriage between a man and a woman is the only recognised marital union.
However, a monogamous marriage between a man and a woman contracted outside Rwanda in accordance with the law of the country of celebration of that marriage is recognised.
No one can be married without his or her free and full consent.
Spouses are entitled to equal rights and obligations at the time of marriage, during the marriage and at the time of divorce.
A law determines conditions, formalities and consequences of marriage.
Article 24. Right to liberty and security of person

A person's liberty and security are guaranteed by the State.
No one shall be subjected to prosecution, arrest, detention or punishment unless provided for by laws in force at the time the offence was committed.
No one shall be subjected to security measures except as provided for by law and for reasons of public order or State security.
Article 26. Right to freedom of movement and residence
Every Rwandan has the right to move freely and to reside anywhere in Rwanda.
Every Rwandan has the right to leave Rwanda and to return.
These rights may only be restricted by law for reasons of public order and of national security, in order to avert a public threat or to protect persons in danger.
Article 30. Right to free choice of employment
Everyone has the right to free choice of employment.
All individuals, without any form of discrimination, have the right to equal pay for equal work.Rwanda Constitution

The penalties provided for in Article 388 and according to the distinctions that are drawn, the person who abducts or kidnaps, stops, detains or has detained or transports or has transported, any persons to reduce them to a slave enslave or to sell them as a slave or to disposed of persons under his authority for the same purpose.
Law No 33 BIS/2003 repressing the crime of genocide, crimes against humanity and war crimes
Chapter 3. CRIMES AGAINST HUMANITY AND THEIR SANCTIONS
Article 5:
3° enslavement;

Article 120: Definition of the crime against humanity
The crime against humanity means any of the following acts when committed as part of a widespread or ystematic attack directed against any civilian population because of its national, political , ethnic or religious affiliation:
3° enslavement;
7° rape, sexual slavery, forced prostitution, forced sterilization, or any other form of sexual violence of comparable gravity; 11° other inhuman acts of a similar character intentionally causing great suffering, or serious injury to mental or physical health.
Article 121: Punishment of the crime against humanity
Any person who commits a crime against humanity provided under items 1°, 2°, 3°, 6°, 7° and 9° of Article 120 of this Organic Law shall be liable to life imprisonment with special provisions.
Any person who commits a crime against humanity provided for under items 4°, 5°, 8°, 10° and 11° of Article 120 of this Organic Law shall be liable to a term of imprisonment of ten (10) years to twenty five (25) years.
When the crime against humanity provided under paragraph 2 of this Article is accompanied by inhuman and degrading treatments, the offender shall be liable to life imprisonment with special provisions.
Article 126: Other acts which qualify as war crimes
A war crime shall also mean any of the following acts committed in armed conflicts:
5° enslavement and slave trade, slavery-like practices and forced labour in any form;

Article 127: Penalties for other acts qualifying as war crimes
Any person who commits any of the acts qualifying as war crimes provided under Article 126 of this Organic Law shall be liable to the following penalties:
1° life imprisonment if the person has committed one of the crimes provided under items 1°, 4°, 5°, 6°, 9° and 10°;
Article 178: Forced labour
Any person who imposes forced labour on another person shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.
Article 195: Participating in early or forced marriage of a minor
Any person who plays a role in early or forced marriage of a minor shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one hundred thousand (100,000) to three hundred thousand (300,000) Rwandan francs.

Article 204: Definition of prostitution
Prostitution means involvement by either a man or a woman in sex work as an occupation in exchange for consideration.
Article 206: Encouraging, inciting or manipulating a person for the purpose of prostitution
Any person who encourages, incites or manipulates an adult, even with his/her consent, for the purpose of prostitution, shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs or one of these penalties.
The same penalties shall apply to any person who keeps another for prostitution purposes, even with the consent of that person.
Article 209: Running, managing or investing in a brothel
Any person who, directly or through an intermediary, runs , manages or invests in a brothel shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of one million (1,000,000) to three million ( 3,000,000) Rwandan francs.
If the acts referred to in Paragraph One of this Article are committed against children, the person found guilty shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.
Article 225: Participating in the adoption of a child for the purpose of trafficking
Any person who participates in the adoption of a child for the purpose of trafficking shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.
If the offence under paragraph one of this Article is committed against a child under fourteen (14) years, the offender shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years and a fine of ten million (10,000,000) to twenty million (20,000,000) Rwandan francs.
If a person commits the offence under paragraph one of this Article against a child between the age of fourteen (14) and sixteen (16) years, he/she shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of twenty million (20,000,000) to thirty million (30,000,000) Rwandan francs.

If the abducted child is from an orphanage, the offender shall be liable to the maximum penalty under this Article.
Article 250: Definitions of terms
Under this Chapter, the following terms shall have the following meanings:
1° Human trafficking means the acts by which the individual becomes a commodity consisting in recruitment, transfer of a person to another part of the country or to another country by use of deception, threat, force or coercion, position of authority over the person, in most cases for the purpose of harming his/her life or unlawfully exploiting by indecent assault, prostitution, unlawful practices, practices similar to slavery by torturing and subjecting to cruel treatment or domestic servitude because he/she is vulnerable due to troubles with the authorities, being a single pregnant woman, ill, disabled or due to other situation which impairs a normal person to act.
Human trafficking also means the exploitation of people by involving them in forced begging, illegal adoption upon payment, taking indecent pictures, harmful sports, armed conflicts and living together with them as husband and wife for the purpose of torturing them and selling their body organs.
2° Child trafficking means the recruitment, transportation, transfer, harbouring and kidnapping of children for personal interests even if the means used are other than those provided under item one of this Paragraph.
3° Exploitation means any form of interests based on sex, forced labour, slavery and other similar practices or the removal of an organ of a human being.
Article 251: Participating in trafficking persons out of the country
Any person who participates in any way, personally or through an intermediary , in trafficking a person out of Rwanda to a foreign country by:
1° means of deception, use of force, threat or any other form of coercion;
2° taking advantage of his/her troubles with the authorities, conflict with the law , being an orphan, a destitute, lonely, limited knowledge, hard labour, living in a family with children close in age, unemployment, disease, physical or mental disability, a loophole in the law or any other situation likely to impair a normal person to act;
shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of five hundred thousand (500,000) to two million (2,000,000) Rwandan francs. The penalties under this Article shall be doubled if the victim is a child.

Article 252: Penalty for human trafficking
Any person who abducts or causes to be abducted, arrests or causes to be arrested, detains or causes to be detained, transports or causes to be transported any person in order to make them slaves, sell them as slaves, force them into begging, illegally adopt them on payment of a consideration, take them in indecent pictures, in dangerous sports, in armed conflicts, live together as husband and wife for the purpose of torturing them or selling their organs shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.
If the acts under Paragraph One of this Article are committed at an international level, the offender shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years and a fine of ten million (10,000,000) to twenty million (20,000, 000) Rwandan francs.
Article 253: Penalty for a person owning a place for human trafficking
Any person who takes advantage of the vulnerability of another person to sell, rent or assign a building or any other place for illicit exploitation of that person shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.
Article 254: Penalty for buying a human being
A person who buys a human being as provided under Articles 252 and 253 of this Organic Law shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of one million (1,000,000) to five million (5,000,000) Rwandan francs.

Article 255: Penalties for a person engaged in trafficking in a human being for the purpose of indecent practices
Any person who:
1° recruits, induces, manipulates or holds any person in order to involve him/her in indecent practices to satisfy his/her sexual desire;
2° opens a centre intended for indecent acts;
3° sells, rents or lends a building or any other place for the purpose of indecent acts for his/her interests ;
4° pursues interests by involving another person in indecent acts;
shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of five hundred thousand (500,000) to three (3) million (3,000,000) Rwandan francs.
Article 256: Penalties for trafficking in persons as a profession
The offences of buying, selling and trafficking in human beings under Articles 252, 253 and 254 of this Organic Law shall be punishable by a term of imprisonment of seven (7) years to ten (10) years and a fine of two million (2,000,000) to ten million (2,000,000) Rwandan francs if elements of the offences are committed as a profession.
If the offences are committed as a profession within the framework of a criminal organization, they shall be punishable by a term of imprisonment of ten (10) years to twelve (12) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.
Article 259: Penalties for a person who engages in child trafficking for the purpose of prostitution or indecent practices
Any person who:
1° engages in anti-culture by inciting, helping or facilitating a child to engage in indecent practices or in prostitution to satisfy another person‟s sexual desire shall be liable to a term of imprisonment of three (3) years to five (5) years and a fine of two million (2,000,000) to five million (5,000,000) Rwandan francs;
2° involves a child aged twelve (12) to eighteen (18) years in prostitution or indecent practices shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of three million (3,000,000) to eight million (8,000,000) Rwandan francs;
3° involves a child under twelve (12) years into prostitution or indecent practices shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.

Article 260: Penalties for child trafficking and involving children in indecent practices through different ways
Any person who personally or through an intermediary:
1° recruits, induces, manipulates or holds a child in order to involve him/her in indecent practices to satisfy another person‟s sexual desire ;
2° opens a building intended for indecent practices or prostitution in which children involve in indecent practices ;
3° sells, rents or lends a building or any other place to a child for the purpose of making profits from indecent practices committed by a child;
4° pursues interests by involving a child in any form of indecent practices;
shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.
Article 261: Child trafficking by criminal organizations
If the offenses under Article 259 of this Organic Law are committed by members of a criminal organization as their principal or subsidiary occupation even if the offender is not in the leadership of the organization, they shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of eight million (8,000,000) to fifteen million (15,000,000) Rwandan francs.
Article 262: Penalties for members of a criminal organization whose occupation is to involve children in prostitution
If the offenses under Article 260 of this Organic Law are committed by a criminal organization whose occupation is to involve children in prostitution, they shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of ten million (10,000,000) to fifteen million (15,000,000) Rwandan francs.
Article 264: Removal of one’s organs for sale or for other interests
Any person who removes any of his/her body organs in order to sell it or for other interests shall be liable to a term of imprisonment of two (2) years to five (5) years and a fine of one million (1,000,000) to three million (3.000.000) Rwandan francs.

Article 265: Removal of human organs for sale or for other interests
Any person who removes human organ or forces an other person to remove it for the purpose of selling shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of three million (3,000,000) to seven million (7,000,000) Rwandan francs.
Any person who removes a child body‟s organ or forces him/her to remove it for the purpose of begging shall be liable to a term of imprisonment of seven (7) years to ten (10) years.
Article 266: Trafficking in human body organs
Any person who:
1° sells body organs of a living person even if he/she proves that such person is expected to die shall be liable to a term of imprisonment of more than five (5) years to seven (7) years and a fine of fifteen million (15,000,000) to thirty million (30, 000,000) Rwandan francs;
2° who sells a dead body or dead body organs contrary to scientific or rescue rules shall be liable to a term of imprisonment of seven (7) years to ten (10) years and a fine of thirty million (30,000,000) to fifty million (50,000,000) Rwandan francs;
3° sells the organs of a person he/ she has killed or when such removal may result in his/her death shall be liable to life imprisonment.
Article 267: Trafficking in human body organs in any other form
Any person who engages in trafficking in human body organs in any other form and products of body organs or engages for profitmaking purposes shall be liable to a term of imprisonment of more than five (5) years to ten (10) years and a fine of five million (5,000,000) to ten million (10,000,000) Rwandan francs.
Article 268: Trafficking in human body organs at international level
Any person who traffics in human body organs at international level shall be liable to a term of imprisonment of ten (10) years to fifteen (15) years and a fine of ten million (10,000,000) to fifteen million (15,000,000) Rwandan francs.
Article 273: Kidnapping and unlawful detention of a person
Any person who, by violence, deception or threats, kidnaps or causes to be kidnapped, arrests or causes to be arrested, detains or causes confinement of a person shall be liable to a term of imprisonment of two (2) years to five (5) years.
If the person kidnapped, arrested or detained is under eighteen (18) years, the maximum penalty provided under paragraph one of this Article shall be applied. If the detention or the confinement exceeds one (1) month, the penalty may be seven (7) years.
Any person who provides a place for detention or confinement shall be liable to a term of imprisonment of two (2) years to five (5) years.
Article 274: Kidnapping or confinement of a person with intent to live together as wife and husband
Kidnapping or confinement of a person with intent to live together as wife and husband shall be punishable by imprisonment of one (1) year to three (3) years and a fine of fifty thousand (50,000) to two hundred thousand (200,000) Rwandan francs.
Article 275: Forcing a person to marry or not to marry a partner of his/her choice
Any person who forces a person to marry or not marry someone in any way shall be liable to a term of imprisonment of one (1) month to five (5) months and a fine of one hundred thousand (100,000) to five hundred thousand (500,000) Rwandan francs or one of these penalties.Rwanda Penal Code

Article 8: Prohibition of forced works
It shall be an offence to cause, to provocate, to allow or to impose, directly or indirectly, forced works whatsoever. However, forced labor shall not include:
1. Any kind of work executed in accordance with the law governing military service;
2. Any kind of work executed for the purpose of implementing the civic education ;
3. Any kind of work or service which is part of the normal civic obligations of the citizens of Rwanda;
4. Any kind of work or service required of a person according to a decision of the court and which is executed under the responsibility and control of a public institution or authority;
5. Any work or service required in case of an emergency such as during the time of war or disaster.Rwanda Labour Law

Article 3: As used in this Law, the following terms have the meanings ascribed to them below:
(1) coercion: the use of force or threat thereof, and some forms of non-violent;
(2) sexual exploitation: the obtaining of financial or other benefits through the involvement of another person in prostitution, sexual servitude or other kinds of sexual services, including pornographic acts or the production of pornographic materials;
(3) debt bondage: the status or condition arising from a pledge by a debtor of his/her personal services or those of a person under his/or her control as security for a debt, if:
(a) the value of those services as reasonably assessed is not applied towards the liquidation of the debt and the person is not expecting a reward;
(b) the length and nature of those services are not respectively limited and defined;
(4) exploitation of another: (a) forced or coerced labour, slavery and or any other practices similar to slavery intended to be performed in Rwanda or abroad; (b) forced or coerced begging; (c) offering adoption, fostering or guardianship of a child for the purposes of slavery, begging or other forms of exploitation; d) offering of a child for adoption, fostering or guardianship for the purposes of gaining profit; e) use or offering of a child for illicit activities; f) removal of organs or body parts for the purpose of exploiting another person; g) other forms of exploitation provided for by law;
(5) practices similar to slavery: debt bondage, serfdom, forced or servile marriage, forced pregnancy or forced surrogacy;

(6) trafficking in persons:
(a) any act committed by a person who, for the purpose of exploitation, hires or recruits, transports, transfers, harbours, or receives another person; by means of threat or use of force, or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation;
(b) any act of a person who recruits, transports, transfers, harbours or receives a child for the purpose of exploitation, even if this does not involve any of the means set out in item (a) of this Paragraph;
(14) slavery: the status or condition of a person over whom all or any of the powers attaching to the right of ownership are exercised by another;

(15) serfdom: a work where the working individual cannot get rid of such a work or cause a change to it;

(17) forced or servile marriage: any institution or practice in which: a) a person is forced to live with someone as husband and wife and has no right to refuse it; b) one spouse or spouse’s family has transferred the other spouse to another person for a value received or otherwise; c) a spouse is forced to live with someone else as husband and wife upon his/her former spouse’s death;

Article 16: Consent of the victim: The consent of the victim is not relevant to the defense of the person prosecuted for trafficking in persons.

Article 18: Offence of trafficking in persons: Any person convicted of trafficking in persons is liable to imprisonment for a term of not less than ten (10) years and not more than fifteen (15) years and a fine of not less than ten million (10,000,000) and not more than fifteen million (15,000,000) Rwandan francs

If the offence is transnational in nature, the penalty is imprisonment for a term of not less than twenty (20) years and not more than twenty five (25) years and a fine of not less than twenty million ( 20,000,000) and not more than twenty five million (25,000,000) Rwandan francs.

Article 19: Promoting and facilitating trafficking in persons: A person who commits any of the following acts commits an offence of promoting and facilitating trafficking in persons:

(1) knowingly lease his/her own building, sublease a building or lease a building under his/her management for the purpose of promoting trafficking in persons;

(1) use or allow the use of his/her own building or his/her residence or other premises under his/her responsibility for the purpose of promoting trafficking in persons;
(2) advertise, publish, distribute by any means, export or import any material that is aimed at promoting the trafficking in persons;
(3) tamper with or falsify a document for the purpose of committing or facilitating trafficking in persons;
(4) manage, run or finance any job recruitment agency for the purpose of promoting trafficking in persons;
(5) confiscate, conceal or destroy traveling documents or other personal documents of a person for the purpose of trafficking him/her;
(6) facilitate or assist, in the exit from or entry into Rwanda, a person who is in possession of traveling documents unissued by the relevant organ, tampered or fraudulent, for the purpose of trafficking him/her;
(7) promote by any other means trafficking in persons.

Upon conviction, he/she is liable to imprisonment for a term of not less than seven (7) years and not more than ten (10) years and a fine of not less than seven million (7,000,000) and not more than ten million (10,000,000) Rwandan francs.

Article 22: Forced labor, slavery or other related services: Any person who makes use of forced labor, slavery or any other related services commits an offence. Upon conviction, he/she is liable to imprisonment for a term of not less than one (1) year and not more than three (3) years and a fine of not less than one million (1,000,000) and not more than three million (3,000,000) Rwandan francs.

When the use of forced labor is committed against the victim, the penalty is imprisonment for a term of not less than five (5) years and not more than ten (10) years and a fine of not less than five million (5,000,000) and not more than ten million (10,000,000) Rwandan francs.

Where the offence is committed against a child or any other vulnerable person such as a pregnant woman or a person with disability, the offender is imprisonment for a term of not less than ten (10) years and not more than fifteen (15) years and a fine of not less than ten million (10,000,000) and not more than fifteen million (15,000,000) Rwandan francs.

Article 24: Sexual exploitation: Any person who, for the purpose of exploitation, commits any of the following acts commits the offence of sexual exploitation:
(1) encourage, incite, mislead, manipulate or force a person to have sexual relations, or use any other means for the purpose of luring him/her into sexual relations;
(2) pay for sexual intercourse on his/her own behalf or on behalf of another person;
(3) knowingly host another person for the purpose of sexual exploitation;
(4) announce, by whatever means, that he/she facilitates sexual relations;
(5) knowingly help, assist or protect a person engaged in sexual exploitation;
(6) run houses of sexual exploitation, invest in such houses or knowingly manage property derived from such houses;
(7) knowingly provide any place for rent for the purpose of sexual exploitation;

Any person convicted of any of the acts referred to under Paragraph One of this Article is liable to imprisonment for a term of not less than three (3) years and not more than five (5) years and a fine of not less than three million (3,000,000) and not more than five million (5,000,000) Rwandan francs.

The penalty provided for under Paragraph 2 of this Article is doubled for any person who commits a sexual exploitation offence, if:
(1) the offence is committed against several persons;
(2) the offence is committed by many co-offenders;
(3) the offender has used a weapon;
(4) the offence is committed by an ascendant of the victim or any other relative;
(5) the offence is committed by a domestic servant of the victim;
(6) the offence is committed by a person having authority over the victim, a public servant, a teacher, an educator or a religious leader.

Where the acts referred to under Paragraph One of this Article are committed against a child, the offender is liable to life imprisonment and a fine of not less than ten million (10,000,000) and not more than fifteen million (15,000,000) Rwandan francs.

Article 26: Removing another person’s organ or body part for sale or other profits

Any person who removes, sells, keeps, hides, transports, receives or uses an organ or a part of the body of another person or forces another person to have his/her organ or body part removed in order to sell it or for other illegal interests, commits an offence. Upon conviction, he/she is liable to a term of life imprisonment.

If the offence referred to under Paragraph One of this Article is committed at the transnational level, he/she is liable to a term of life imprisonment and a fine of more than twenty million (20,000,000) and not more than twenty-five million (25,000,000) Rwandan francs.

If the offence is committed against a child, the offender is liable to a term of life imprisonment and a fine of more than twenty-five million (25,000,000) and not more than thirty million (30,000,000) Rwandan francs.

Any person who sells an organ or a body part of a person he/she has killed for the purpose of trafficking of organs or human body parts, or who sells an organ of a living person, if the removal of such organ may result in that person’s death, is liable to a term of life imprisonment and a fine of more than twenty five million (25,000,000) and not more than thirty million (30,000,000) Rwandan francs.Rwanda Law Relating to the Prevention, Suppression and Punishment of Trafficking in Persons and Exploitation of Others