Rwanda: Cartographie des crimes
Rwanda: cartographie des crimes du livre "In Praise of Blood, the crimes of the RPF" de Judi Rever
Kagame devra être livré aux Rwandais pour répondre à ses crimes: la meilleure option de réconciliation nationale entre les Hutus et les Tutsis.
Let us remember Our People
Let us remember our people, it is our right
You can't stop thinking
Don't you know
Rwandans are talkin' 'bout a revolution
It sounds like a whisper
The majority Hutus and interior Tutsi are gonna rise up
And get their share
SurViVors are gonna rise up
And take what's theirs.
We're the survivors, yes: the Hutu survivors!
Yes, we're the survivors, like Daniel out of the lions' den
(Hutu survivors) Survivors, survivors!
Get up, stand up, stand up for your rights
et up, stand up, don't give up the fight
“I’m never gonna hold you like I did / Or say I love you to the kids / You’re never gonna see it in my eyes / It’s not gonna hurt me when you cry / I’m not gonna miss you.”
The situation is undeniably hurtful but we can'stop thinking we’re heartbroken over the loss of our beloved ones.
"You can't separate peace from freedom because no one can be at peace unless he has his freedom".
Malcolm X
Welcome to Home Truths
The year is 1994, the Fruitful year and the Start of a long epoch of the Rwandan RPF bloody dictatorship. Rwanda and DRC have become a unique arena and fertile ground for wars and lies. Tutsi RPF members deny Rights and Justice to the Hutu majority, to Interior Tutsis, to Congolese people, publicly claim the status of victim as the only SurViVors while millions of Hutu, interior Tutsi and Congolese people were butchered. Please make RPF criminals a Day One priority. Allow voices of the REAL victims to be heard.
Everybody Hurts
“Everybody Hurts” is one of the rare songs on this list that actually offers catharsis. It’s beautifully simple: you’re sad, but you’re not alone because “everybody hurts, everybody cries.” You’re human, in other words, and we all have our moments. So take R.E.M.’s advice, “take comfort in your friends,” blast this song, have yourself a good cry, and then move on. You’ll feel better, I promise.—Bonnie Stiernberg
KAGAME - GENOCIDAIRE
Paul Kagame admits ordering...
Paul Kagame admits ordering the 1994 assassination of President Juvenal Habyarimana of Rwanda.
Why did Kagame this to me?
Inzira ndende
Search
Hutu Children & their Mums
Rwanda-rebranding
Rwanda-rebranding-Targeting dissidents inside and abroad, despite war crimes and repression
Rwanda has “A well primed PR machine”, and that this has been key in “persuading the key members of the international community that it has an exemplary constitution emphasizing democracy, power-sharing, and human rights which it fully respects”. It concluded: “The truth is, however, the opposite. What you see is not what you get: A FAÇADE”
Rwanda has hired several PR firms to work on deflecting criticism, and rebranding the country.
Targeting dissidents abroad
One of the more worrying aspects of Racepoint’s objectives
was to “Educate and correct the ill informed and factually
incorrect information perpetuated by certain groups of expatriates
and NGOs,” including, presumably, the critiques
of the crackdown on dissent among political opponents
overseas.
This should be seen in the context of accusations
that Rwanda has plotted to kill dissidents abroad. A
recent investigation by the Globe and Mail claims, “Rwandan
exiles in both South Africa and Belgium – speaking in clandestine meetings in secure locations because of their fears of attack – gave detailed accounts of being recruited to assassinate critics of President Kagame….
Ways To Get Rid of Kagame
How to proceed for revolution in Rwanda:
- The people should overthrow the Rwandan dictator (often put in place by foreign agencies) and throw him, along with his henchmen and family, out of the country – e.g., the Shah of Iran, Marcos of Philippines.Compaore of Burkina Faso
- Rwandans organize a violent revolution and have the dictator killed – e.g., Ceaucescu in Romania.
- Foreign powers (till then maintaining the dictator) force the dictator to exile without armed intervention – e.g. Mátyás Rákosi of Hungary was exiled by the Soviets to Kirgizia in 1970 to “seek medical attention”.
- Foreign powers march in and remove the dictator (whom they either instated or helped earlier) – e.g. Saddam Hussein of Iraq or Manuel Noriega of Panama.
- The dictator kills himself in an act of desperation – e.g., Hitler in 1945.
- The dictator is assassinated by people near him – e.g., Julius Caesar of Rome in 44 AD was stabbed by 60-70 people (only one wound was fatal though).
- Organise strikes and unrest to paralyze the country and convince even the army not to support the dictaor – e.g., Jorge Ubico y Castañeda was ousted in Guatemala in 1944 and Guatemala became democratic, Recedntly in Burkina Faso with the dictator Blaise Compaoré.
Almighty God :Justice for US
Killing Hutus on daily basis
RPF Trade Mark: Akandoya
Fighting For Our Freedom?
KAGAME VS JUSTICE
Monday, March 3, 2014
[Since 1994, the world witnesses the horrifying Tutsi minority (14%) ethnic domination, the Tutsi minority ethnic rule with an iron hand, tyranny and corruption in Rwanda. The current government has been characterized by the total impunity of RPF criminals, the Tutsi economic monopoly, the Tutsi militaristic domination, and the brutal suppression of the rights of the majority of the Rwandan people (85% are Hutus)and mass arrests of Hutus by the RPF criminal organization =>AS International]
BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR
Report
February 27, 2014
Rwanda is a constitutional republic dominated by a strong presidency. The
ruling Rwandan Patriotic Front (RPF) led a coalition that included four smaller
parties. In 2010 voters elected President Paul Kagame to a second seven-year
term with 93 percent of the vote. Three other registered political parties
participated in the elections. Elections for parliament’s lower house, the
Chamber of Deputies, took place in September. Candidates from the RPF and two
other parties that support RPF policies won all of the open seats, and election
observers reported numerous flaws, including possible irregularities in the
vote tabulation process. State security forces (SSF) generally reported to
civilian authorities, although there were instances in which elements of the security
forces acted independently of civilian control.
The most important human rights problems in the country remained the
government’s targeting of political opponents and human rights advocates for
harassment, arrest, and abuse; disregard for the rule of law among security
forces and the judiciary; restrictions on civil liberties; and support of a
rebel group in the neighboring Democratic Republic of the Congo (DRC).
Other major human rights problems included arbitrary or unlawful killings
both inside and outside of the country, disappearances, torture, harsh
conditions in prisons and detention centers, arbitrary arrest, prolonged
pretrial detention, and government infringement on citizens’ privacy rights.
The government restricted freedoms of speech, press, assembly, and association.
Security for refugees and asylum seekers improved but was at times inadequate.
The government restricted and harassed local and international nongovernmental
organizations (NGOs). Violence and discrimination against women and children
occurred, including the recruitment by the M23 armed group of Rwandan and
refugee minors as child soldiers. There was a small and declining incidence of
trafficking in persons. The government restricted labor rights, and child labor
continued to be a problem.
The government generally took steps to prosecute or punish officials who
committed abuses, whether in the security services or elsewhere, but impunity
involving civilian officials and the SSF was a problem.
During the year the government provided material, logistical, and strategic
support to the M23 armed group in the eastern DRC, which committed summary
executions and forcibly recruited adults and minors. The government strongly
denied providing any support to the M23, and in November the M23 was defeated
and ceased operations.
There were several reports that the government committed arbitrary or
unlawful killings both inside and outside of the country. The government
typically investigated SSF killings and prosecuted perpetrators. The government
investigated sporadic grenade attacks and continued to prosecute individuals
who threatened or harmed genocide survivors and witnesses.
On July 17, Transparency International Rwanda office coordinator Gustave
Makonene was strangled to death and his body dumped on the shores of Lake Kivu
near the town of Rubavu. Government officials condemned the killing and denied
involvement but did not initiate a credible investigation. Domestic observers
noted that Makonene was investigating cases of local police corruption at the
time of his death. The killing remained unsolved at year’s end.
According to preliminary press reports, sometime during the night of
December 31, former Rwandan intelligence chief Patrick Karegeya was killed in a
hotel room in Johannesburg, South Africa. Karegeya received political asylum in
South Africa in 2009 and resided in the country at the time of his death. Members
of the opposition movement Rwandan National Congress alleged Rwandan government
involvement.
During the year the government provided material and logistical support to
the M23 armed group in the eastern DRC. The group was defeated and ceased
military operations in November. Prior to the defeat of the M23, Human Rights
Watch (HRW) alleged in a July 22 press release that the M23 recruited fighters
from within Rwanda and that “Rwandan military officers have trained new M23
recruits and have communicated and met with M23 leaders on several occasions.”
In the same release, HRW reported that the M23 executed at least 44 persons and
raped 61 women from March to July. On October 8, the UN peacekeeping operation
in the DRC, MONUSCO, reported it had demobilized 37 Rwandan child soldiers from
the M23 since May 2012, many of whom stated they were recruited by Rwandan
officials.
Three grenade attacks in March, July, and September resulted in six deaths
and injuries to 60 persons. Police arrested several suspects associated with
the attacks, which, like similar attacks perpetrated in previous years, were
widely believed to have been orchestrated by the Democratic Forces for the
Liberation of Rwanda (FDLR) armed group operating mainly in the eastern DRC.
The status of the suspects arrested for the attacks was unknown at year’s end.
There were fewer reports of disappearances and politically motivated
abductions or kidnappings than in previous years, but local human rights
organizations ceased investigating disappearances in 2012 after reporting
pressure from government officials, including threats and allegations of
treason. HRW and domestic observers alleged the SSF, including the Rwandan
Defense Force (RDF), the National Intelligence and Security Services (NISS),
and the Rwandan National Police (RNP), were involved in reported
disappearances. The government occasionally made efforts to investigate
occurrences but did not punish any perpetrators.
Leaders of the unregistered faction of opposition party PS-Imberakuri and
the unregistered United Democratic Forces-Inkingi (FDU-Inkingi) alleged that
party members disappeared during the year and that the RNP failed to
investigate the disappearances.
In August one refugee and one asylum seeker of Rwandan origin were abducted
and disappeared in Uganda. The whereabouts of the refugee was unknown at year’s
end, although the asylum seeker was found alive but badly beaten in a Kampala
suburb. Two refugees of Rwandan origin, Joel Mutabazi and Innocent Kalisa, were
arrested by Ugandan police in Kampala in October and deported to Rwanda despite
their status as refugees. Media reports implicated Rwandan SSF in the arrest
and subsequent deportation of Mutabazi and Kalisa. Mutabazi, Kalisa, and 14
codefendants were charged in a military court for plotting to overthrow the
government and other crimes. The government denied the refoulement of Mutabazi
and Kalisa violated their rights to protection as refugees and did not
investigate the actions of the SSF in returning them to Rwanda.
PS-Imberakuri leader Alexis Bakunzibake, who alleged that government agents
kidnapped and tortured him in September 2012, returned to the country during
the year and continued to serve as a leader of the unregistered faction of
PS-Imberakuri. Bakunzibake did not file a formal complaint with the police or
courts.
The constitution and law prohibit such practices, and there were fewer
reports of abuse of detainees and prisoners by military and NISS officials than
in 2012. Authorities dismissed or disciplined some police officers for use of
excessive force and other abuses during the year. Police investigations led to
formal criminal charges filed in court in more serious cases.
In May 2012 the government signed into law a new penal code that upgrades
torture from an aggravating circumstance to a crime in itself. The law mandates
the maximum penalty, defined by extent of injury, for SSF and other government
perpetrators.
There were numerous reports during the year of detainee abuse and lengthy
illegal detention by police and the SSF at the Kwa Gacinya detention center in
Kigali and the Kami military intelligence camp.
In September two university students were arrested following an attempt to
deliver a petition to the Office of the Prime Minister protesting the
government’s decision to levy fees on university students in certain
socioeconomic categories. The students reported that police beat them with
metal rods at the Remera police station in Kigali and held them in solitary
cells without food and water for two days. The students were released one week
later after a judge dismissed all charges. Despite reporting the torture to a
judge, there was no investigation into their allegations. In November one of
the students was re-arrested and charged with using false documents after
police alleged that some of the signatories to the petition were not enrolled
as university students. The case continued at year’s end.
There were reports that torture continued in the Kami military intelligence
camp, Mukamira camp, Ministry of Defense headquarters, and undeclared detention
facilities as first reported by Amnesty International (AI). In 2012 AI
documented 18 allegations of torture and other cruel, inhumane, or degrading
treatment or punishment perpetrated by military intelligence and other SSF
personnel in 2010 and 2011 to secure information or force confessions. Former
detainees alleged that they endured sleep deprivation, sensory deprivation,
starvation, extraction of fingernails, electrocution, scalding, melting of
plastic bags over the head, suffocation, burning or branding, beating, and
simulated drowning through confinement in cisterns filled with rainwater. Local
and international human rights organizations reported that the RDF took
positive steps in 2012 to reform military interrogation methods and detention
standards, resulting in fewer reports of torture and other cruel, inhumane, or
degrading treatment or punishment at Kami and other military detention
facilities. They cautioned, however, that the increased use of undeclared
detention facilities by NISS, the RDF J-2, and RNP Intelligence made monitoring
more difficult.
Prison and detention center conditions were harsh, although the government
continued to make improvements during the year. Police sometimes beat newly
arrested suspects to obtain confessions. There were reports of detainee abuse
and lengthy illegal detention by police intelligence at Kwa Gacinya detention
center in Kigali. There were reports that J-2 military intelligence personnel
employed torture and other cruel, inhuman, or degrading treatment or punishment
to obtain confessions in military detention centers, although less frequently
than in the previous year (see section 1.c). The SSF used undeclared detention
facilities to detain and interrogate “security” detainees and military
officials accused of insubordination. The government selectively permitted
visits by independent human rights observers to prisons but not to undeclared
detention facilities.
Physical Conditions: Men and women were held
separately in similar conditions, although overcrowding was more prevalent in
male wards. Fewer than 100 children under the age of three lived with their
parents in prison. The Rwanda Correctional Services (RCS) provided five nursery
schools, one psychosocial center, and fresh milk for the children. Juveniles
were held at Nyagatare Rehabilitation Center or in special wings of regular
prisons. There were no reports of abuse of juveniles, and the RCS continued to
improve access to lawyers, education, and job training for juveniles. Individuals
convicted of genocide-related offenses comprised a majority of the adult prison
population. Authorities generally separated pretrial detainees from convicted
prisoners, although there were numerous exceptions due to the large number of
detainees awaiting trial.
The government continued to hold eight prisoners of the Special Court for
Sierra Leone in a purpose-built detention center, which the UN deemed met
international standards for incarceration of prisoners convicted by
international criminal tribunals. The government held international transfers
and some high-profile “security” prisoners in similarly upgraded
maximum-security wings of Kigali Central “1930” Prison.
In March the government disarmed and detained more than 600 M23 combatants
who crossed into the country from the DRC after an internal power struggle
within the M23. The combatants were interned in a police training facility in
Ngoma, which was converted into an internment center.
There were no reported prison riots, although there was a demonstration by
M23 internees in September at the Ngoma internment facility. No detainees were
killed, and 10 were arrested.
Prisoner deaths resulted from anemia, HIV/AIDS, respiratory diseases,
malaria, and other diseases at rates similar to those found in the general
population. Medical care in prisons was commensurate with care for the public
at large. The government enrolled all prisoners in the national health
insurance plan. Prisoners had access to potable water. The Ministry of Internal
Security implemented a 2011 directive, taking full responsibility to provide
food for prisoners through contracted cafeteria services, canteens, and prison
gardens. Family members were permitted to supplement the diets of vulnerable
prisoners with health problems. Ventilation and temperature conditions improved
as overcrowding continued to decline. According to the RCS, each prison had
dormitories, toilets, sports facilities, a health center, a guest hall, a
kitchen, water, and electricity, as required by a 2006 presidential order
governing prison conditions.
Conditions in police and military detention centers varied. Overcrowding
was common in police detention centers, and poor ventilation often led to high
temperatures. Provision of food and medical care was inconsistent, and some
detainees claimed to have gone for several days without food. There were
complaints regarding inadequate sanitation in some detention centers, and not
all detention centers had toilets. There were numerous reports of substandard
conditions for civilians held in military detention centers.
The Gikondo Transit Center, where Kigali authorities held street children,
vagrants, suspected prostitutes, and street sellers, continued to operate
despite a Senate committee’s 2008 call for its closure due to substandard
conditions (see section 1.d.). Two other transit centers, where conditions
generally met basic international standards, operated under the management of
the Ministry of Gender and Family Promotion (MIGEPROF), as did one transit
center under church management. Male transit center detainees and at-risk youth
between the ages of 18 and 35 were transferred to the Iwawa Rehabilitation and
Vocational Development Center on Iwawa Island, where sanitation and nutrition
were substandard.
Administration: Recordkeeping on prisoners
and detainees remained inadequate, but authorities took steps to transfer paper
files to an electronic database. Domestic and international human rights
organizations reported numerous instances of long delays and failures to locate
prisoners and detainees. There were reports of forgotten detainees and of
prisoners who remained incarcerated beyond their release date due to misplaced
records. The RCS provided additional training to its staff on the shift from
penal to rehabilitative detention as it coped with the 2011 merger of the
National Prisons Service and the Works for General Interest community service
program for perpetrators of the genocide. The Nyagatare Rehabilitation Center
for juveniles continued renovations with the assistance of the Dignity in
Detention Foundation and the UN Children’s Fund (UNICEF) to align with
rehabilitative priorities. In May 2012 the government amended the penal code to
allow community service as alternative sentencing for misdemeanors and petty
offenses, and the Ministry of Justice instructed judges to utilize alternative
sentencing in place of incarceration for nonviolent offenders.
The law provides for an ombudsman who has the power to carry out
investigations of prisons. The ombudsman also receives and examines complaints
from individuals and independent associations relating to civil servants, state
organs, and private institutions. Prisoners and detainees had weekly access to
visitors and were permitted religious observance. Prison staff held regular
meetings with prisoners and detainees to listen to inmates’ complaints and take
action to resolve them when possible. The Ministry of Internal Security’s
permanent secretary personally inspected prisons and took steps to hire staff
for a human rights inspectorate within the ministry. The chief of defense staff
supervised detention reform efforts in the Ministry of Defense.
Independent Monitoring: The government
permitted independent monitoring of prison conditions by diplomats as well as
the International Committee of the Red Cross, which reported that it had access
on an unannounced basis to all the prisons, police stations, and military
facilities it visited during the year. HRW obtained access to visit prisons,
but the government repeatedly blocked access to individual prisoners.
Journalists could access prisons with a valid press card but had to request
permission from the RCS commissioner to interview or take photographs. The
government did not permit independent monitoring of undeclared detention
facilities. It also denied local human rights NGOs permits to visit prisons and
police detention centers.
Improvements: There were continued
improvements in the treatment of the general prison population. Overcrowding in
prisons continued to decline. The Ministry of Internal Security took full
responsibility for providing food to prisoners. Unannounced quarterly
inspections by the Internal Security Ministry’s deputy minister led to improved
recordkeeping and treatment of prisoners in RCS facilities, while periodic
monitoring by the Defense Ministry’s chief of defense staff led to a reduction
in reported abuses at military detention facilities. Under its strategic plan
for 2012-17, the RCS undertook renovations of some of the 14 existing prison
facilities and continued construction of Butamwa Prison, which was scheduled to
replace Kigali Central “1930” Prison upon completion. All juvenile cases were
recorded and submitted to the Ministry of Justice and other government
institutions on a quarterly basis, and increased efforts were made to provide
juveniles legal assistance through Legal Aid Week.
The constitution and law prohibit arbitrary arrest and detention, but SSF
personnel regularly arrested and detained persons arbitrarily and without due
process.
Unregistered opposition political parties reported their supporters were
frequently arrested. Most were released after a detention period of one week or
less, although some were tortured or disappeared (see sections 1.b. and c.).
Laurent Nkunda, the former leader of the Congolese armed group National
Congress for the Defense of the People, which was reported to have received
support from the Rwandan government, remained under house detention without
charges. Nkunda was detained in 2009 by the RDF when he returned to the
country, reportedly for consultations with government officials. The government
did not act during the year on the DRC’s 2009 extradition request for Nkunda.
The Jehovah’s Witnesses reported that its members were arrested in April
for failing to participate in genocide remembrance events and again in
September for refusing to vote in the lower Chamber of Deputies’ election.
ROLE
OF THE POLICE AND SECURITY APPARATUS
The RNP, under the Ministry of Internal Security, is responsible for
internal security. The RDF, under the Ministry of Defense, is charged with
providing external security. Authorities generally maintained control over the
RNP and RDF, and the government had mechanisms to investigate and punish abuse
and corruption. The Inspectorate General of the RNP generally disciplined
police for excessive use of force and prosecuted acts of corruption. The RDF
normally displayed a high level of military professionalism, although elements
of the SSF at times may have acted independently of civilian control. For
example, there were reports of impunity involving RDF J-2, NISS, and RNP
intelligence forces related to disappearances, illegal detention, and torture
in military and police intelligence detention centers and in undeclared
detention facilities (see section 1.c.).
Police at times lacked sufficient basic resources, such as handcuffs,
radios, and patrol cars, but observers credited the RNP with generally strong
discipline and effectiveness. Nevertheless, there were reports of police
arbitrarily arresting and beating individuals, engaging in corrupt activities,
and demonstrating a lack of discipline. The RNP institutionalized training in
community relations, which included appropriate use of force and human rights.
The National Police Academy offered an undergraduate program in professional
police studies.
There also were reports of abuse of suspects by local defense forces (LDF),
a statutorily established law enforcement organization of approximately 20,000
members under the Ministry of Local Government that assisted police.
Communities chose volunteers to serve in the LDF. The RNP exercised tactical
control of the LDF, while local officials had responsibility for operational
oversight. The LDF performed basic security guard duties throughout the country
and chased illegal street vendors, petty criminals, and prostitutes from public
areas. Members of the LDF ordinarily were unpaid and received less training
than RNP officers. During the year the government warned the LDF against
involvement in criminal activity and prosecuted members who committed crimes.
There were fewer reports of LDF abuses than in prior years, although some human
rights groups accused the government of not taking sufficiently strong action
against some members and considered the LDF to be abusive.
ARREST
PROCEDURES AND TREATMENT OF DETAINEES
The law requires authorities to investigate and obtain a warrant before
arresting a suspect. Before arrest, police may detain suspects for up to 72
hours without a warrant. Prosecutors must bring formal charges within seven
days of arrest. Authorities sometimes disregarded these provisions,
particularly in security-related cases. The SSF held some suspects incommunicado
or under house arrest. At times police employed nonjudicial punishment when
minor criminals confessed and the victims agreed to the police officer’s
recommended penalty, such as a week of detention or restitution. The law
permits investigative detention if authorities believe public safety is
threatened or the accused might flee, and judges interpreted these provisions
broadly. Such detention must be reviewed by a judge every 30 days and may not
extend past one year, but the SSF held numerous suspects indefinitely after the
first authorization of investigative detention. The government attributed such
continued detention to judicial backlog and delays in obtaining a court date
and stated that investigations generally were completed within 30 days. After prosecutors
formally file a case, detention is indefinite unless bail is granted. Bail
exists only for crimes with a maximum sentence of five years or less, but
authorities may release a suspect pending trial if satisfied there is no risk
the person may flee or become a threat to public safety and order. Authorities
generally allowed family members prompt access to detained relatives unless
they were held at intelligence-related detention centers such as Kami or Kwa
Gacinya or in undeclared detention facilities. The government generally did not
respect the right to habeas corpus.
By law detainees are allowed access to lawyers, but the scarcity of lawyers
limited access to legal representation. There were 736 attorneys in the country
at the end of 2012, of whom 420 were trainees, mostly located in Kigali. The
government did not provide indigent persons with legal representation. A Legal
Aid Forum composed of 37 organizations, including domestic and international
NGOs, the Rwandan Bar Association, the Corps of Judicial Defenders, and
university legal aid clinics, provided legal aid services to indigent persons
and vulnerable groups, although such resources were insufficient to provide
lawyers for all those in need. The law requires the government to provide minors
with legal representation, which judicial observers cited as a factor in
juvenile trial delays. The government continued to hold an annual Legal Aid
Week, during which it processed as many juvenile cases as possible to reduce
the backlog.
Defendants sometimes remained in prison after serving their sentences while
waiting for an appeal date or due to problems with prison records. The penal
code provides that pretrial detention, illegal detention, and administrative
sanctions be fully deducted from sentences imposed. The law does not provide
for compensation for persons who are acquitted. The law allows judges to impose
detention of equivalent duration and fines on SSF and other government
officials who unlawfully detain individuals.
Arbitrary Arrest: Police arbitrarily arrested
members of opposition parties, journalists, and members of Jehovah’s Witnesses
(see sections 1.d and 3).
Although there is no requirement for individuals to carry identification,
police and the LDF regularly detained street children, vendors, beggars, and
citizens without identification and sometimes charged them with illegal street
vending or vagrancy. Authorities released adults who could produce
identification and transported street children to their home districts, to
shelters, or for processing into vocational and educational programs.
Despite a 2008 Senate committee report calling for the closure of Kigali’s
Gikondo Transit Center for violations of detainee rights and lack of social
services, the facility continued to operate as a temporary detention facility
for street children, substance abusers, vagrants, suspected prostitutes, and
street vendors. Center officials asserted that they had the right to operate,
based on a 2007 official gazette notice that reopened the center after previous
human rights complaints, and that they held persons for no more than 10 days,
although some detainees reported waiting several months before release.
Relatives often reported that authorities denied them access to detainees.
The Ministry of Youth and Information and Communications Technology
continued to operate the Iwawa Rehabilitation and Vocational Development Center
on Iwawa Island in Lake Kivu. The center provided six months’ psychotherapy and
then six months’ vocational and technical training to approximately 1,500 men
between the ages of 18 to 35, most of whom were homeless, substance abusers, or
petty criminals whom transit centers, local officials, or family members
referred without recourse to judicial process. Parents were able to visit their
adult children at Iwawa.
Pretrial Detention: Lengthy pretrial detention
was a serious problem. The National Human Rights Commission (NHRC) reported to
parliament in November that prisoners often were detained for extended periods
without arraignment. The NHRC report noted three individuals, Rurangwa Louis,
Ngrambe Leodomir, and Minirarora Celestin, had been held since their arrests in
1994 and 1995 without presentation to a court. The law permits the detention of
genocide suspects until they face trial. Authorities permitted the majority of
convicted prisoners (those who confessed their genocide crimes) to return to
their families, with prison time to be served after the suspended and community
service portions of their sentences.
The government made strides toward eliminating the case backlog and
reducing the average length of pretrial detention. The inspector general of the
NPPA sanctioned government officials who abused regulations on pretrial
detention with penalties such as fines and suspensions.
Despite progress in shortening pretrial detention in the majority of cases,
there were reports of lengthy pretrial detention and illegal detention of
defendants charged with threatening state security (“undermining national
defense” under the new penal code), terrorism, genocide ideology, divisionism,
defamation, contempt for the head of state, and other security-related
sensitive crimes. Such cases were also more likely to experience repeated
delays after trials began.
The constitution and law provide for an independent judiciary, and the
judiciary operated in most cases without government interference; however,
there were constraints on judicial independence, and government officials
sometimes attempted to influence individual cases. In February the Ministry of
Justice announced that 10 judges and clerks were dismissed during the previous
24 months due to corruption. Authorities generally respected court orders.
TRIAL
PROCEDURES
The law provides for a presumption of innocence. The law requires that
defendants be informed promptly and in detail of the charges in a language they
comprehend; however, judges postponed numerous hearings because this had not
occurred. Defendants have the right to a fair trial without undue delay, but there
was an insufficient number of prosecutors, judges, and courtrooms to hold
trials within a reasonable period of time. In the ordinary court system the law
provides for public trials, although courts closed proceedings in cases
involving minors, to protect witnesses, or at the request of defendants.
Judges, rather than juries, try all cases. Defendants have the right to
communicate with an attorney of choice, although few could afford private
counsel. The law provides for legal representation of minors. The law does not
provide for an attorney at state expense for indigent defendants. The Rwandan
Bar Association and 36 other member organizations of the Legal Aid Forum
provided legal assistance to some indigent defendants, although they lacked the
resources to provide defense counsel to all in need. The law requires that
defendants have adequate time and facilities to prepare their defense, and
judges routinely granted requests to extend preparation time. Defendants and
their attorneys have the right to access government-held evidence relevant to
their cases, but courts did not always respect this right. Defendants have the
right to be present at trial, confront witnesses against them, and present
witnesses and evidence on their own behalf. Under the law defendants cannot be
compelled to testify or confess guilt, and judges generally respected the law
during trial. There were numerous reports that the SSF coerced suspects into
confessing guilt. There were also reports that judges accepted confessions
obtained through torture despite defendants’ protests and failed to order
investigations when defendants alleged torture during their trial. The law
provides for the right to appeal, and this provision was respected.
The RDF routinely tried military offenders in military courts, which
rendered sentences of fines, imprisonment, or both. Military courts provided
defendants with the same rights as civilian courts, including the right of
appeal and access to government-held evidence relevant to their cases. The law stipulates
military courts may try civilian accomplices of soldiers accused of crimes, and
in November the government used this provision to charge 14 civilians before a
military tribunal with crimes against state security. The government did not
release figures on the number of civilians tried as coperpetrators or
accomplices of military personnel.
In July 2012 the International Criminal Tribunal for Rwanda (ICTR) turned
over its remaining genocide cases to a Tanzania-based branch of the Mechanism
for International Criminal Tribunals (MICT). The MICT continued to prosecute
genocide suspects during the year (see section 5). On February 2, the ICTR
Appeals Chamber overturned the 2011 ICTR convictions of former cabinet
ministers Justin Mugenzi and Prosper Mugiraneza.
POLITICAL
PRISONERS AND DETAINEES
There were reports that local officials and the SSF briefly detained some
individuals who disagreed publicly with government decisions or policies.
Numerous individuals identified by international and domestic human rights
groups as political prisoners remained in prison, including Victoire Ingabire,
Bernard Ntaganda, Deo Mushayidi, and Theoneste Niyitegeka.
Members of the opposition PS-Imberakuri party alleged that party founder
Bernard Ntaganda was beaten in prison and denied access to medical care.
International human rights groups were unable to visit Ntaganda or verify the
claims.
Former 2003 presidential candidate Theoneste Niyitegeka remained in prison
following his 2008 conviction for complicity in genocide, for which he was
sentenced to 15 years in prison. International and domestic human rights
organizations claimed that the charges against Niyitegeka were politically
motivated and that there were serious irregularities in Niyitegeka’s appeal
proceedings in sector-level courts, which followed his acquittal by the
community justice “gacaca” court system.
CIVIL
JUDICIAL PROCEDURES AND REMEDIES
The judiciary was generally independent and impartial in civil matters.
Mechanisms exist for citizens to file lawsuits in civil matters, including for
violations of human rights. They may appeal to the African Commission on Human
and Peoples’ Rights and the East African Court of Justice, but none did so. The
Office of the Ombudsman processes claims of judicial wrongdoing on an
administrative basis. According to a Legal Aid Forum study released in 2012, 78
percent of claimants did not receive full enforcement of their judgments within
three months of requesting it, as required by law.
Although the constitution and law prohibit such actions, there were
numerous reports that the government monitored homes, telephone calls, e-mail,
other private communications, movements, and personal and institutional data.
There also were reported instances of government informants working within
international NGOs, local civil society organizations, religious organizations,
and other social institutions.
The penal code provides legal protection against unauthorized use of
personal data by private entities, although these provisions were not invoked
during the year.
RPF cadres regularly visited citizens’ homes to demand contributions to the
political party, and there were some reports of persons being denied public
services if they did not contribute. Despite orders from cabinet ministers not
to do so, there were reports that local leaders, employers, and others coerced
persons into donating one month’s salary to the government’s Agaciro
Development Fund.
The constitution provides for freedom of speech and press “in conditions
prescribed by the law,” but the government at times restricted these rights.
The government intimidated and arrested journalists who expressed views it
deemed critical on sensitive topics or who it believed had violated the law or
journalistic standards. Numerous journalists practiced self-censorship.
Freedom of Speech: Individuals could criticize
the government publicly or privately on some topics. Laws prohibiting
divisionism, genocide ideology, and genocide denial continued to discourage
citizens from expressing viewpoints that might be construed as promoting
societal divisions. The law prohibits the propagation of ideas based on
“ethnic, regional, racial, religious, language, or other divisive
characteristics.” Public incitement to “genocide ideology” or “divisionism,”
which includes discrimination and sectarianism, is punishable by five to nine
years in prison and fines of 100,000 to one million Rwandan francs ($151 to
$1,510). The 2012 penal code expanded former provisions that prohibited the
display of contempt for the head of state or other high-level public officials
to include administrative authorities or other public servants, with sentences
of one to two years in prison and fines of 50,000 to 500,000 Rwandan francs
($76 to $760). Slander of foreign and international officials and dignitaries
remains illegal, with sentences of one to three years in prison. The 2012 penal
code revised the crime of “spreading rumors aimed at inciting the population to
rise against the regime” to “spreading false information with intent to create
a hostile international opinion against the Rwandan state,” with much more
severe penalties, including life in prison for acts committed during wartime and
seven to 10 years in prison for acts committed during peacetime.
In September police arrested and subsequently tortured two students after
they presented a petition to the Office of the Prime Minister protesting the
introduction of tuition fees for university students. The students were
released after a week in detention, and police failed to investigate their
claims of torture (see section 1.c).
In August the government signed into law a revised genocide ideology law
that introduced international definitions for genocide and narrowed the scope
of what constitutes “genocide ideology” and related offences to a more specific
range of actions and statements. Specifically, the new law states that
“genocidal ideology” must be clearly linked to specific acts or statements,
rather than the broader “aggregate of thoughts” standard defined in the 2008
law. International and local human rights organizations, including HRW and the
Rwandan League for the Promotion and Defense of Human Rights (LIPRODHOR),
welcomed the revised law while expressing concern that, despite clearer
protections and narrower definitions, the law still could be used by the
government to restrict freedom of speech and the press.
The government investigated and prosecuted individuals accused of threatening
or harming genocide survivors and witnesses or of espousing genocide ideology,
which the law defines as dehumanizing an individual or a group with the same
characteristics by threatening, intimidating, defaming, inciting hatred,
negating the genocide, taking revenge, altering testimony or evidence, killing,
planning to kill, or attempting to kill someone.
The NPPA reported that, from July 2012 to July 2013, authorities prosecuted
772 individuals for divisionism and “genocide ideology-related crimes,”
representing a 33 percent increase in such prosecutions, compared with the July
2011 to 2012 period.
Press Freedoms: Vendors sold both private
and government-owned newspapers published in English, French, and Kinyarwanda.
There were 53 newspapers, journals, and other publications registered with the
government, although fewer than 10 published regularly. Sporadically published
independent newspapers maintained positions both in support of and contrary to
or critical of the government. There were 26 radio stations (six
government-owned and 20 independent), one government-run television station,
and one independent television station that had a radio station affiliate.
A set of five media laws passed during the year granted greater press
freedoms, although restrictions remained. Under the new laws, professional
journalists no longer are required to hold a journalism degree. The Media High
Council, which previously had the power to suspend newspapers, under the new
law serves in a “capacity building” role, with a media-elected self-regulatory
body overseeing the media and accrediting journalists.
Under the new media laws, journalists must refrain from reporting items
that violate “confidentiality in the national security and national integrity”
and “confidentiality of judicial proceedings, parliamentary sessions, and
cabinet deliberations in camera.” The laws provide journalists the freedom to
investigate, express opinions, and “seek, receive, give, and broadcast
information and ideas through any media.” Censorship of information is
explicitly prohibited. The new laws restrict these freedoms if journalists
“jeopardize the general public order and good morals, an individual’s right to
honor and reputation in the public eye and to the right to inviolability of a person’s
private life and family.” Authorities may seize journalists’ material and
information if a “media offense” occurs, but only if a court orders it. Courts
may compel journalists to declare confidential sources in the event of an
investigation or criminal proceeding. Persons wanting to start a media outlet
must still apply with the “competent public organ.” All media rights and
prohibitions apply to persons writing for websites.
Despite the new media laws, self-censorship occurred due to harassment and
threats from official and unofficial sources.
Violence and Harassment: Police
detained and harassed journalists, and their products were sometimes embargoed
or confiscated. For example, on June 4, border/immigration police confiscated
copies of theImpamo, Rusyashya, and Intego newspapers
at the Gatuna border crossing on the border with Uganda. The newspapers were
printed in Uganda and transported to Kigali and other parts of Rwanda weekly or
semiweekly. Police told employees of the newspapers and the interim head of the
media self-regulatory body that the newspapers were seized because they
contained articles on the firing of former justice minister Tharcisse
Karugarama. Others were told that the newspapers were seized because their
publishers did not pay required duties. All copies of the three newspapers were
released within a week.
On September 4, police arrested Joseph Hakuzwumuremyi and questioned him on
his sources for a story detailing a reshuffle within the RNP force’s hierarchy.
Police demanded that he remove the story from his website because he allegedly
obtained information illegally. Police also asked him to identify his sources.
He removed the story but did not divulge his sources and was released from
custody after several hours.
The government did not expel any members of the media from the country. No
journalists were known to have exiled themselves during the year, although
several journalists who fled in recent years remained outside the country.
Censorship or Content Restrictions: The law allows
the government to restrict access to some government documents and information,
including information on individual privacy and information or statements that
are deemed to be slander or defamation.
No journalists were convicted in censorship-related cases during the year.
On July 26, journalist Stanley Gatera, editor of Umusingi newspaper,
who was convicted in 2012 on divisionism and gender discrimination charges, was
released from prison. Following his release, Gatera restarted his newspaper,
which had been on hiatus during his prison term, and published an account of
his stay in prison.
In June authorities released Saiditi Mukakibibi, a journalist working for
the Umurabya newspaper, from prison. She was arrested in 2010
and convicted in 2011 on charges of defamation, inciting public disorder, and
divisionism. The newspaper’s editor, Agnes Uwimana, remained in prison
following her conviction for incitement to civil disobedience, contempt for the
head of state, spreading rumors to cause public disorder, denying the genocide,
and likening President Kagame to Adolf Hitler.
Radio stations broadcast criticism of government policies, including using
popular citizen call-in shows. Some radio stations, including Radio 1, Radio
Isango Star, and Radio Salus, had regular call-in shows that featured
discussion of government programs or policies. During the period preceding the
September Chamber of Deputies’ elections, radio stations such as Radio Isango
Star, Radio Ishingiro, Radio Izuba Irashe, and others reported irregularities
at polling stations.
Libel Laws/National Security: Defamation
(libel and slander) is a criminal offense punishable by fines and imprisonment.
Courts convicted journalists and others on the charge of threatening state
security (undermining national defense under the new penal code) and related
crimes (see section 1.a.).
INTERNET
FREEDOM
The new media laws include the right of all citizens to “receive,
disseminate, or send information through internet,” including the right to start
and maintain a website. All provisions of the media laws apply to web-based
publications. Restrictions such as website blocking remained in place. There
were numerous reports that the government monitored e-mail and internet chat
rooms. Individuals and groups could engage in the peaceful expression of views
via the internet, including by e-mail, but were subject to monitoring. There
were reports monitoring led to detention and interrogation of individuals by
the SSF. According to the International Telecommunication Union, 8 percent of
the population used the internet in 2011.
There were reports the government blocked access within the country to
several websites that were critical of its policies. Such sites included
diaspora-run websites, such as Umuvugizi and leProfete.
ACADEMIC
FREEDOM AND CULTURAL EVENTS
The government generally did not restrict academic freedom or cultural
events, but authorities frequently suspended secondary and university students
for divisionism or engaging in genocide ideology, which led to self-censorship.
FREEDOM
OF ASSEMBLY
The constitution and law provide for freedom of assembly, and the
government generally respected this right, although there were exceptions.
Freedom of assembly is subject to restrictions. Authorities may legally require
advance notice for public meetings and demonstrations but must respond to such
requests within one week or 15 days, depending on the type of event. The
government limited the types of locations where religious groups could
assemble, at times citing municipal zoning regulations as the reason.
In the period preceding the September Chamber of Deputies’ elections,
opposition parties reported that local officials at times denied permission for
political rallies or instructed citizens not to attend the rallies.
FREEDOM
OF ASSOCIATION
While the constitution provides for freedom of association, the government
limited the right. The law requires private organizations to register. While
the government generally granted licenses, it impeded the formation of new
political parties and restricted political party activities (see section 3). In
addition, the government imposed difficult and burdensome NGO registration and
renewal requirements, especially on international NGOs, as well as
time-consuming requirements to submit annual financial and activity reports
(see section 5).
See the Department of State’s International Religious Freedom
Report at www.state.gov/j/drl/irf/rpt/.
The constitution and law provide for freedom of internal movement, foreign
travel, emigration, and repatriation, and the government generally respected
these rights.
The government sometimes cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organizations in
providing protection and assistance to internally displaced persons, refugees,
returning refugees, asylum seekers, stateless persons, and other persons of
concern.
Joel Mutabazi and Innocent Kalisa, refugees under UNHCR protection, were
arrested and deported from Uganda in October (see section 1.b). Rwanda issued
an Interpol arrest warrant for Mutabazi, but the justification for Kalisa’s
transfer was unclear. The UNHCR, HRW, and AI condemned the deportation of
Mutabazi by Uganda as a violation of the principle of nonrefoulement.
Authorities held Mutabazi and Kalisa for two weeks without access to legal
counsel and in November charged them, along with 14 other defendants, with
crimes against national security in a military court in Kigali.
Foreign Travel: The penal code allows judges
to deprive persons who have been convicted the right to travel abroad as a
stand-alone punishment or as punishment following imprisonment. Authorities
denied or confiscated passports of political opponents and their relatives.
Exile: The law prohibits forced
exile. Some political dissidents, journalists, social activists, and former
“security” detainees who claimed harassment and intimidation by the government
departed the country in previous years in self-imposed exile. There were no new
reports of departures during the year.
In September the government seized ownership of the United Trade Center, a
shopping mall owned by Tribert Rujugiro Ayabatwa, a Rwandan businessman living
in self-imposed exile in South Africa since 2010. The government asserted that
the center was abandoned property, although Ayabatwa continued to manage it
from South Africa.
Emigration and Repatriation: According to
the UNHCR, through August 30, the government accepted 10,778 nationals
returning from other countries, most of whom settled in their districts of
origin. In addition, 4,432 Rwandan citizens who had been living in areas of the
DRC controlled by the FDLR armed rebel group returned, according to the Rwanda
Demobilization and Reintegration Commission (RDRC). The government worked with
the UNHCR and other aid organizations to assist the resettled returnees.
In March more than 600 M23 combatants crossed into Rwanda after an internal
power struggle within the M23. The government disarmed the fighters and
interned them in a separate camp administered by authorities, keeping them
separate from refugees while seeking to resolve the question of their status
with the international community. The internees remained in detention at the
Ngoma facility at year’s end.
The government continued to accept former combatants who returned from the
DRC. The RDRC, with international support, placed adult former combatants in a
three-month reeducation program at Mutobo Demobilization Center in Northern
Province. The Musanze Child Rehabilitation Center, relocated from Muhazi,
Eastern Province, treated former child combatants in Northern Province. After a
three-month reeducation period, each adult former combatant was enrolled
automatically in the RDF Reserve Force and received approximately 60,000
Rwandan francs ($91) and permission to return home. Two months later each
former combatant received an additional 120,000 Rwandan francs ($180).
Citizenship: In contrast with 2012, there
were no reports during the year that the government cancelled the passports of
political opponents residing outside of the country.
INTERNALLY
DISPLACED PERSONS (IDPS)
From August to November, Tanzania expelled approximately 13,200 Rwandans
who it claimed were living illegally in Tanzania. The government resettled
approximately two-thirds of the deportees to their home communities in Rwanda
and established transit camps in Kiyanzi and Rukara to house the remaining
population. Conditions in the transit camps met international standards for
nutrition, health, and safety.
PROTECTION
OF REFUGEES
Access to Asylum: The law provides for the
granting of asylum or refugee status, and the government has established a
system for providing protection to refugees.
The UNHCR, with government support, continued to assist refugees and asylum
seekers. In September it provided protection to 74,003 refugees, 99 percent of
whom were from the DRC. Other refugees were from Angola, Burundi, Chad,
Eritrea, Ethiopia, Kenya, Somalia, and Uganda.
Refugee Abuse: Authorities improved
security and physical protection within refugee camps during the year. The RNP
stationed police officers in refugee camps, and refugees were free to file
complaints with area police stations. While police issued arrest warrants
against some perpetrators, they at times refused to enter the camps to execute
warrants. Intimidation of police and victims by camp leaders contributed to a
general sense of impunity within the refugee community, especially in relation
to gender-based violence (GBV).
Human traffickers targeted refugee youth, particularly girls, by offering
jobs or education in Kigali, Uganda, or elsewhere.
The UN Group of Experts Midterm Report cited recruitment by the M23 prior
to their defeat in November, including of individuals from Rwandan refugee
camps.
Employment: There were no laws
restricting refugee employment, and the Ministry of Disaster Management and Refugee
Affairs supported efforts by refugees to work on the local economy. Officials
acknowledged that very few refugees were able to find local employment. Refugee
camps offered periodic job training programs to assist refugees in finding or
creating income-generating opportunities.
Access to Basic Services: Refugees had
access to public education, public health care, public housing within the
refugee camps, law enforcement, courts and judicial procedures, and legal
assistance. The government funded primary education but did not provide tuition
at the secondary and university levels.
Durable Solutions: Rwanda is not a resettlement
country for refugees from foreign countries. The government assisted the safe,
voluntary return of refugees to their homes and sought to improve local
integration of refugees in protracted situations by permitting them to accept
employment in the local economy and move freely in the country and by
establishing markets to facilitate trade between refugees and citizens in host
districts. The government did not facilitate the naturalization of refugees
resident in the country.
Temporary Protection: The government also provided
temporary protection to individual asylum seekers who might not qualify as
refugees.
The constitution and law provide citizens the right to change their
government peacefully. The ruling RPF controlled the government and
legislature, and its candidates continued to dominate elections at all levels.
Recent Elections: Elections for parliament’s
lower Chamber of Deputies in September were peaceful and orderly, but
international observers reported they did not meet the generally recognized
standards for free and fair elections. Observers reported they were denied access
to the vote tabulation process at the polling station, district, and national
level, which undermined confidence in the integrity of the results. Opposition
parties experienced difficulties in registering ahead of the election,
depriving voters of a meaningful choice at the polls.
Political Parties: The constitution outlines a
multi-party system but provides few rights for parties and their candidates.
There were some reports that the RPF pressured youth into joining the party
during mandatory “ingando” civic and military training camps held after
secondary school graduation. There were also reports that RPF cadres coerced
political donations from both party members and nonmembers. Some parties were
not able to operate freely, and parties and candidates faced legal sanctions if
found guilty of engaging in divisive acts, destabilizing national unity,
threatening territorial integrity, or undermining national security. The
government’s enforcement of laws against genocide ideology, divisionism, and
spreading false information with intent to create a hostile international
opinion against the state discouraged debate or criticism of the government and
resulted in occasional detentions.
The government required all political organizations to join the National
Consultative Forum for Political Organizations, which promoted consensus at the
expense of political competition. To register as a political party, an
organization must present a list of at least 200 members, with at least five
members in each of the 30 districts, and it must reserve at least 30 percent of
its leadership positions for women and provide a written party statute signed
by a notary.
The Democratic Green Party of Rwanda (DGPR) was registered officially as a
political party on August 9, after the government blocked previous attempts to
register the party in 2009 and 2010. The registration was granted one working
day before candidate lists for the September Chamber of Deputies elections were
due, and the DGPR was unable to register candidates for the election. In 2010
DGPR vice president Andre Kagwa Rwisereka was killed. The perpetrator(s) had
neither been identified nor punished by year’s end.
In November the mayor of Gasabo District cancelled the founding party
congress of the Pacte Democratique du Peuple-Imanzi (PDP-Imanzi), stating that
he could not permit the party to organize a meeting while its president, Deo
Mushayidi, was incarcerated. PDP-Imanzi leaders reported that party members
were arrested and harassed after the congress was cancelled.
Opposition leaders reported that police arbitrarily arrested some members
of the DGPR, the unregistered faction of PS-Imberakuri, the FDU-Inkingi, and
the PDP-Imanzi, which remained unregistered. Party members reported receiving
threats because of their association with those parties.
In November the Nyarugunga District Court sentenced FDU-Inkingi members
Sylvain Sibomana and Dominique Shyirambere to terms of two years and five
months in prison, respectively, and levied fines of one million francs on each.
Sibomana was convicted of contempt for security officers, and both were
convicted of illegal demonstration for wearing badges with a photograph of
incarcerated opposition leader Victoire Ingabire.
In accordance with the constitution, which states a majority party in the
Chamber of Deputies may not fill more than 50 percent of cabinet positions,
independents and members of other political parties held key positions in
government, including that of prime minister. PS-Imberakuri and the DGPR were
not represented in the cabinet.
Participation of Women and Minorities: The
constitution requires at least 30 percent of the seats in parliament’s Chamber
of Deputies be reserved for women. At year’s end there were eight women in the
25-seat Senate and 51 women in the 80-seat Chamber of Deputies. Women filled 11
of 29 cabinet positions.
There was one member of the Twa minority in the Senate and none in the
Chamber of Deputies or cabinet.
The law provides criminal penalties for corruption by officials. While the
government continued to make implementation of these laws a national priority,
corruption remained a problem.
Corruption: Transparency International
Rwanda and other civil society organizations reported that the government
investigated and prosecuted reports of petty corruption among police and
government officials. Police frequently undertook internal investigations and
sting operations in order to discourage corruption among police officers.
There were numerous reports throughout the year that government officials
at the national, district, and cell levels manipulated or falsified statistics
in order to meet development targets.
International and domestic investors reported that the government generally
supported the establishment of new businesses in policy and practice.
Nevertheless, investors reported contract disputes with the government and
stated that they were subject to arbitrary tax, immigration, and investment
rules.
Domestic investors at times encountered business difficulties as a result
of political disputes. For example, in October investor Tribert Rujugiro
Ayabatwa alleged that the government illegally seized ownership of the Union
Trade Center, a shopping mall he built in 2006, after he went into self-imposed
exile in South Africa. Rujugiro appealed the seizure of the center to the
Kigali city government but had not filed a lawsuit in court by year’s end.
The NPPA prosecuted civil servants, police, and other officials for fraud,
petty corruption, illegal awarding of public tenders, and mismanagement of
public assets. The NPPA, under the Justice Ministry, is responsible for
prosecuting police abuse cases. The RNP Inspectorate of Services investigated
cases of police misconduct, but statistics were not available for the year. The
RNP suspended police officers for corruption, abuse of power, or misconduct and
imposed administrative punishment for indiscipline. The RNP referred criminal
offenses committed by police to the NPPA, and several prosecutions were
underway at year’s end. The RNP advertised a toll-free hotline number in the
local radio and press and provided complaint and compliment boxes in many
communities to encourage citizens to report both positive and negative behavior
by police and the LDF.
The Office of the Auditor General worked to prevent corruption, including
by investigating improper tendering practices at government ministries. The RNP
and the NPPA used the auditor general’s annual report to pursue investigations
into government businesses. The Office of the Ombudsman led the National
Anticorruption Council and had an active good governance program and several
local-level anticorruption units. The office pursued many corruption cases, the
majority of which involved misuse of public funds. The Rwanda Governance Board
monitored governance more broadly and promoted mechanisms to control
corruption. The Rwanda Revenue Authority’s Anticorruption Unit had a code of
conduct and an active mechanism for internal discipline. The National Tender
Board, the Rwanda Utilities Regulatory Agency, and the National Bureau of
Standards also enforced regulations.
Whistleblower Protection: The law
incorporates whistleblower protections and provides for monetary compensation
for information on acts of corruption and related offenses.
Financial Disclosure: The constitution and law
require annual reporting of income and assets by public officials as well as
reporting upon entry into and exit from office. There is no requirement for
public disclosure of those assets except in cases where irregularities are
discovered. The Office of the Ombudsman, which monitors and verifies
disclosures, reported that most officials complied with the requirement. In
cases of noncompliance, the Office of the Ombudsman has the power to impose
administrative sanctions, which often involved loss of position or prosecution.
Public Access to Information: The government
promulgated a new Access to Information Law in March. The law grants wide
access to government information upon request and, in some cases, information
held by private entities when disclosure is deemed to be in the public
interest. The government may limit access to information if its release is
deemed to be against the public interest or if the information pertains to
national security, as determined by the Prosecutor General’s Office. During the
year no formal challenges under the law were taken to court. The government
granted several requests for information.
Illicit Trade in Natural Resources: The government
utilized a “bagging and tagging” system to aid companies with regional and
international due diligence requirements related to conflict minerals. The
government maintained a ban on the purchase or sale of undocumented minerals
from neighboring countries. Observers and government officials reported
smugglers succeeded in trafficking an unquantifiable amount of undocumented
minerals through the country.
SECTION 5. GOVERNMENTAL ATTITUDE REGARDING
INTERNATIONAL AND NONGOVERNMENTAL INVESTIGATION OF ALLEGED VIOLATIONS OF HUMAN
RIGHTS
Several domestic and international human rights groups operated in the
country, investigating and publishing their findings on human rights cases.
Some human rights groups reported that government officials generally were
cooperative and responsive to their privately expressed views. Other groups
indicated the government was intolerant of criticism and suspicious of local and
international human rights observers, often rejecting their criticism as biased
and uninformed. During the year most human rights NGOs expressed fear of the
government and self-censored their activities and comments. Several
international NGOs working on human rights issues experienced delays during the
annual registration process which they attributed to government opposition to
their work.
A few domestic NGOs, including LIPRODHOR, AJPRODHO-JIJUKIRWA, ARDHO, and
the League for Human Rights in the Great Lakes Region (LDGL), focused on human
rights abuses. LIPRODHOR and LDGL scaled back programs and investigations in
2012, reportedly because of government pressure.
Government pressure on LIPRODHOR increased during the year. In July several
LIPRODHOR members called an extraordinary meeting and voted to replace their
leadership. Observers noted that the meeting violated LIPRODHOR’s bylaws and
that the leadership was replaced due to its decision to withdraw LIPRODHOR from
the Collective of Leagues and Associations for the Defense of Human Rights,
which the LIPRODHOR leadership accused of being progovernment.
In 2012 LIPRODHOR’s former president stepped down and refused to speak
further on human rights after receiving death threats. In July 2012 LIPRODHOR’s
executive secretary left the country and did not return. There were several
reports that the SSF pressured other members of LIPRODHOR and LDGL to quit
those organizations.
A progovernment NGO, the Rwanda Civil Society Platform, managed and
directed some NGOs through umbrella groups, which theoretically aggregated NGOs
working in particular thematic sectors. Many observers believed the government
controlled some of these groups.
In 2012 the government passed two NGO laws.
The law on local NGOs moves their oversight from the Ministry of Local
Government to the RGB and replaces annual registration with one-time
registration and required submission of annual budgets and reports. It allows
local NGOs to lobby for political causes but not candidates and permits government
funding in exchange for greater government control over budgets and activities.
Local NGOs welcomed the advent of one-time registration and permission to
advocate for their causes but also worried the new law would serve to increase
government interference and control of programming.
The law on international NGOs allows for registration in up to five-year
increments, depending on the duration of the NGO’s funding, but keeps oversight
with the Directorate General of Immigration and Emigration, which falls under
NISS. The government granted single-year registration to most international
NGOs. International NGOs widely criticized the draft ministerial order
implementing the new law, particularly provisions that would give the
government authority to preapprove hiring and personnel decisions by
international NGOs. In response the government delayed publication of the
ministerial order, which was still under review at year’s end. In recent years,
the government limited the number of foreign staff granted visas to work for
international NGOs.
Local and international NGOs often found the registration process difficult
in part because they must present their objectives, plan of action, and
detailed financial information to the local authorities of every district in which
they would like to work, and they must also sign a memorandum of understanding
with relevant government ministries before presenting their registration
application to the Directorate General of Immigration. International NGOs
reported that the government used the registration process to pressure the NGOs
into financially supporting government programs and supporting government
policies. The government threatened legal action against organizations that did
not submit reports or registration paperwork on time and threatened not to
register NGOs whose scope of work was outside of government development
policies or programs. Many international and some local NGOs complained that
government delays and unpublished requirements caused late submissions and that
the regulatory environment worsened during the year.
UN and Other International Bodies: The government
sometimes cooperated with international human rights bodies but criticized HRW,
Reporters without Borders, Freedom House, and AI as well as the UN and several
of its agencies, as being inaccurate and biased. The government reportedly
conducted surveillance on certain international and domestic NGOs. Some NGOs
reported authorities pressured individuals affiliated with them to provide
information on their activities, and several NGOs expressed concerns
intelligence agents infiltrated their organizations with intent to gather
information or create internal problems.
There were isolated reports of government officials asking international
NGOs to hand over their assets, programs, and staff to local NGOs and
government agencies.
Government Human Rights Bodies: The
independent and adequately funded Office of the Ombudsman operated with the
cooperation of executive agencies and took action on cases of corruption and
other abuses, including of human rights (see sections 1.e. and 4).
The government cooperated with the NHRC. According to many observers, the
NHRC did not have adequate resources to investigate all reported violations and
remained biased in favor of the government. Some victims of human rights abuses
stated that they did not report the abuse to the NHRC because they perceived it
as biased, and they feared retribution by the SSF.
In July 2012 the ICTR, based in Tanzania, turned over its remaining
genocide cases to a Tanzania-based branch of the MICT. The MICT continued to
prosecute genocide suspects. From 1994 through 2012, the ICTR completed 73
cases, with 47 convictions, 16 convictions pending appeal, and 10 acquittals.
At year’s end there were nine fugitives. On February 4, the ICTR Court of
Appeals, which continued to function during the year, overturned two of the
ICTR’s previous convictions. The ICTR neither indicted nor tried any RPF
members from 1994 through 2012.
The constitution provides that all citizens are equal before the law,
without discrimination based on ethnic origin, tribe, clan, color, sex, region,
social origin, religion or faith, opinion, economic status, culture, language,
social status, or physical or mental disability. The constitution and law are
silent on sexual orientation and gender identity. The government generally
enforced these provisions, although problems remained.
Rape and Domestic Violence: The law
criminalizes rape and spousal rape, and the government handled rape cases as a
judicial priority. Penalties for rape ranged from five years’ to life
imprisonment, with fines of 500,000 to one million Rwandan francs ($760 to
$1,510). Penalties for spousal rape ranged from two months’ to life
imprisonment, with fines of 100,000 to 300,000 Rwandan francs ($151 to $450).
Rape and other crimes of sexual violence committed during the genocide are
classified as Category I genocide crimes.
The law provides for imprisonment of three to six months for threatening,
harassing, or beating one’s spouse. Domestic violence against women was common.
Most incidents remained within the extended family and were not reported or
prosecuted. UNICEF reported in 2010 that 48 percent of adolescent girls
believed a husband was justified in hitting or beating his wife under certain
circumstances. National Institute of Statistics data from 2006 indicated that
31 percent of women and girls over age 15 were victims of domestic violence and
10 percent of women and girls experienced domestic violence during pregnancy.
Police headquarters in Kigali had a hotline for domestic violence. Several
other government ministries also had free gender-based violence hotlines. Each
of the 75 police stations nationwide had its own gender desk, an average of
three trained officers, and a public outreach program. The RNP Directorate
against Gender-Based Violence handled all cases of such violence and child
protection. One-stop centers were established throughout the country, providing
medical, psychological, legal, and police assistance at no cost to victims of
domestic violence. The government worked to establish one-stop centers in
hospitals, districts, and refugee camps throughout the year.
The government continued a whole-of-government, multi-stakeholder campaign
against gender-based violence, child abuse, and other types of domestic
violence. GBV was a required module of training for all police and military at
all levels.
Sexual Harassment: The law prohibits sexual
harassment by employers or any other person and provides for penalties of two
months’ to two years’ imprisonment and fines from 100,000 to 500,000 Rwandan
francs ($151 to $760). Nevertheless, sexual harassment remained common.
According to a 2010 Transparency Rwanda study, gender-based corruption was
perceived as being fundamentally linked to recruitment practices and to the
determination of salary and other benefits. In the study, 21 percent of female
respondents believed their salary determination was not objective, and some
claimed their salaries were determined by their willingness to have sex with
company executives. The study also found, by contrast, that respondents
believed promotion, evaluation, and opportunities for training or travel were
based on more objective and transparent criteria. Fifty-six percent of
interviewees stated that they did not report gender-based corruption cases. The
effectiveness of government enforcement efforts was unknown.
Reproductive Rights: The government encouraged
citizens not to have more than three children but respected the right of
couples and individuals to decide freely and responsibly the number, spacing,
and timing of children and to have the information and means to do so free from
discrimination, coercion, and violence. The government made available
reproductive health services and contraceptives for all citizens, regardless of
age, sex, or ethnicity. More than 90 percent of the population had some form of
health insurance, with free coverage provided to the poorest of the population.
Insurance plans did not provide adequate coverage for more expensive medical
care.
There was a small copayment for obstetric services, but this fee was waived
for women who completed the recommended four prenatal care visits. According to
the UN, the estimated maternal mortality ratio in 2010 was 340 maternal deaths
per 100,000 live births. Major factors influencing maternal mortality included
lack of skilled attendance at birth and unhygienic conditions. Between 2008 and
2010, the UN reported the use of modern contraceptives increased from 26
percent to 44 percent. Between 2005 and 2010, skilled attendance at birth rose
from 39 to 69 percent, according to the 2010 Demographic and Health Survey. The
proportion of assisted births at health facilities increased from 45 percent in
2007-08 to 69 percent in 2010.
Discrimination: Women have the same legal
status and are entitled to the same rights as men. The law allows women to
inherit property from their fathers and husbands, and couples may make their
own legal property arrangements, although women had serious difficulties
pursuing property claims due to lack of knowledge, procedural bias against
women in inheritance matters, polygyny, and the threat of gender-based
violence. After the 1994 genocide, which left many women as heads of
households, women assumed a larger role in the formal sector, and many operated
their own businesses. According to the National Institute of Statistics August
2012 Integrated Household Living Conditions Survey, 28 percent of households
were headed by women, and 47 percent of female-headed households were below the
poverty line, compared with 45 percent of all households. Women were more
concentrated in the agricultural sector, with 82 percent of women engaged in
agricultural work, compared with 61 percent of men. The other main occupations
in which women found work were sales and commerce, where similar proportions of
men and women were engaged. The law prohibits discrimination in hiring and
salary decisions on the basis of gender. Despite the election during the year
of a Chamber of Deputies with a female majority, women continued to have
limited opportunities for employment and promotion. According to the Ministry
of Industry and Commerce 2011 Establishment Census, women managed approximately
26 percent of all formal enterprises. Men owned key assets of most households,
particularly those at the lower end of the economic spectrum, making formal
bank credit inaccessible to many women and rendering it difficult to start or
expand a business.
The government-funded National Women’s Council served as a forum for
women’s issues and consulted with the government on land, inheritance, and
child protection laws. MIGEPROF led government programs to address women’s
issues and coordinated programs with other ministries, police, and NGOs,
including the national action plan for the implementation of UN Security
Council Resolution 1325 on women, peace, and security. The government provided
scholarships for girls in primary and secondary school and loans to rural
women. A number of women’s groups actively promoted women’s and children’s
concerns, particularly those of widows, orphaned girls, and households headed
by children. The government-run Gender Monitoring Office tracked the
mainstreaming of gender equality and women’s empowerment throughout all sectors
of society and collected gender-disaggregated data to inform policy processes.
Birth Registration: Citizenship is derived from
one’s parents. Children born to two Rwandan parents automatically receive
citizenship. Children with one Rwandan parent must apply for citizenship before
turning 18. Children born in the country to unknown or stateless parents
automatically receive citizenship. Minor children adopted by Rwandans,
irrespective of foreign nationality or statelessness, automatically receive
citizenship. Children retain their acquired nationality in the event of
dissolution of the parents’ marriage. Births are registered at the sector level
upon presentation of a medical birth certificate. Anecdotal evidence indicated
low prevalence of birth registration due to complex procedures and associated
penalties for late registration. There were no reports of unregistered births
leading to denial of public services.
Education: Six years of primary
education and three years of secondary education are compulsory. The government
implemented a 12-year basic education program in 2012 to extend free universal
public education by three additional years of secondary education. Parents were
not required to pay tuition fees through the 12 years of basic education,
although most parents were required to pay unofficial fees to support basic
school operations.
Child Abuse: While statistics on child
abuse were unreliable, such abuse was common within the family, in the village,
and at school. Conviction statistics were not available. The government
continued a high-profile public awareness campaign against gender-based violence
and child abuse during the year. The government expanded the network of
one-stop centers and hospital facilities that offer integrated police, legal,
medical, and counseling services to victims of gender-based violence and child
abuse.
Forced and Early Marriage: The minimum
age for marriage is 21. Between 2000 and 2010, UNICEF reported that the common
law marriage rate for children under the age of 18 was 13 percent. Anecdotal
evidence suggested that child marriage was more common in rural areas and refugee
camps than in urban areas.
Sexual Exploitation of Children: The law
provides that any sexual relations involving a child under the age of 18 is
considered child defilement and is punishable by life in prison and a fine of
100,000 to one million Rwandan francs ($151 to $1,510). In 2012 the director of
Nyagatare Juvenile Rehabilitation Center reported that the majority of juvenile
detainees were serving time for child defilement (statutory rape), usually
six-month sentences. Noting an increase in child sexual abuse and exploitation,
UNICEF reported in October 2012 that child heads of household, especially
girls, were increasingly coerced into selling sex in exchange for money, basic
goods, or protection. During the year the government continued a high-profile
public campaign to discourage intergenerational sex and sexual procurement.
The law prohibits commercial sexual exploitation of children and child
pornography, which are punishable by penalties of six months to seven years in
prison and a fine of 500,000 to 20 million Rwandan francs ($760 to $30,000).
Conviction statistics were not available.
In March a court in Gasabo District sentenced a man to 30 years in prison
for organizing a prostitution ring that included girls younger than 18 years of
age.
Child Soldiers: There were reports that the
M23 armed group recruited Rwandan children. On October 8, MONUSCO reported that
37 Rwandans were among the 112 child soldiers demobilized from M23 since May
2012 by MONUSCO’s disarmament, demobilization, and reintegration program. HRW
claimed in its July report that Rwandan children were recruited into M23 in
March and April. Rwanda continued to support the M23, which during the year
used children to porter goods, collect intelligence, cook, provide sex, serve
as bodyguards, and fight on the front lines in the eastern DRC, although the
group was defeated in November and no longer operational at year’s end (see
sections 2.d. and 7.c.).
The government continued to support the Musanze Child Rehabilitation Center
in Northern Province, relocated during the year from Muhazi, Eastern Province,
which provided care and social reintegration preparation for children who had
previously served in armed groups in the DRC. The center provided literacy and
numeric education, psychosocial support, recreational and cultural activities,
medical care, and agricultural vocational training.
Displaced Children: There were numerous street
children throughout the country. Authorities gathered street children in
transit centers and placed them in rehabilitation centers. Street children
processed in one of MIGEPROF’s two transit centers or in the sole church-run
transit center benefited from better social worker screening than those
detained at Kigali City’s Gikondo Transit Center, where conditions and
screening were substandard (see section 1.d.). In 2012 the National Commission
for Children (NCC) reported that it provided psychological counseling,
education, and vocational training to 161 former street children between the
ages of nine and 16 at the Gitagata Child Rehabilitation Center, the only
government-run center for street children. According to center officials, 70
percent of children at Gitagata became street children as a result of poverty,
20 percent because they were orphaned, and 10 percent due to family conflict.
The dilapidated but spacious center mandated a one-year stay, after which
children could be reintegrated with their families or paired with foster homes.
Conditions and practices varied at 29 privately run rehabilitation centers for
street children.
Institutionalized Children: As part of
government plans to downsize and eventually phase out orphanages, the NCC
reported it reintegrated 622 orphans with families between March and May 2012
and closed the three worst performing government-run orphanages. Management of
orphanages and the Gitagata center transferred from MIGEPROF to the newly
formed NCC during 2012. UNICEF reported that the remaining 30 government-run
and one privately run child-care institutions provided shelter, basic needs,
and rehabilitation for approximately 3,000 orphans and street children.
According to the NCC, 70 percent of children in orphanages were not orphans but
had either run away or been abandoned by their families. The government worked
with international organizations and NGOs to provide vocational training and
psychosocial support to orphans and street children, reintegrate them into
their communities, and educate parents on how to prevent their children from
becoming street children.
International Child Abductions: The country is
not a party to the 1980 Hague Convention on the Civil Aspects of International
Child Abduction.
There was a very small Jewish community, consisting entirely of foreigners,
and there were no reports of anti-Semitic acts.
The law prohibits discrimination against persons with physical, sensory,
intellectual, and mental disabilities in employment, education, air travel and
other transportation, access to health care, and the provision of other state
services, and the government generally enforced these provisions. The law also
mandates access to public facilities, accommodations for taking national
examinations, provision of medical care by the government, and monitoring of
implementation by the NHRC. The government generally implemented all of the
foregoing provisions. Despite a continuing campaign to create a barrier-free
environment for persons with disabilities, accessibility remained a problem
throughout the country.
Few students with disabilities reached the university level because many
primary and secondary schools were unable to accommodate their disabilities.
Many children with disabilities did not attend primary or secondary school. The
Ministry of Education and UNICEF collaborated to train teachers to be more
sensitive in responding to the needs of children with disabilities. For
example, in 2012 Murama Primary School in Bugesera District appointed a
UNICEF-supported special needs education coordinator for students with hearing
and speech disabilities and waived lunch and school supply expenses for
children with disabilities as an incentive to keep them in school. Institutes
of higher education admitted students with disabilities, but only the National
University of Rwanda and the Kigali Institute of Education were able to
accommodate students with visual disabilities.
There was one government psychiatric referral hospital in Kigali, with
district hospitals providing limited psychiatric services. All other mental health
facilities were nongovernmental. Facilities were often underequipped and
understaffed, although the government worked to improve staffing and equipment
in health facilities throughout the country. Individuals may be committed by a
judge to Ndera Psychiatric Hospital involuntarily but must first be referred by
district officials after counseling and consultations with family members.
Gikondo Transit Center officials reported committing persons with disabilities
to Ndera involuntarily and without review.
Some citizens viewed disability as a curse or punishment, which could
result in social exclusion and sometimes abandonment or hiding of children from
the community.
The Pan African Network of People with Psychosocial Disabilities (PANPPD)
reported that in January police detained a mentally disabled man, Jean Bosco
Nsengiyumva, using chains that restricted circulation to his hands, and then
denied him access to medical care, resulting in the amputation of both hands.
Local police were charged with torturing Nsengiyumva, and the Court of Appeal
of Rusororo awarded him 230 million Rwandan francs ($350,000). The police
appealed the verdict, which was pending at year’s end. Nsengiyumva was
transferred to Iwawa Island, where PANPPD alleged he was being detained without
charge.
The National Council for Persons with Disabilities, which assisted
government efforts to provide for the rights of persons with disabilities,
designated one member with disabilities in the Chamber of Deputies. The
National Union of Disability Organizations in Rwanda provided an umbrella civil
society platform for advocacy on behalf of persons with disabilities. A
disabilities coordination forum was organized every trimester. In 2012 the
Ministry of Health formed a Department of Injuries and Disabilities within the
Noncommunicable Diseases Division of the Rwanda Biomedical Center.
Persons with mental disabilities were required to submit a medical
certificate before they were allowed to vote. Some disabilities advocates
complained that requirements for electoral candidates to hold secondary
education diplomas or higher degrees, depending on position, disadvantaged
persons with disabilities.
Longstanding tensions in the country culminated in the 1994 state-orchestrated
genocide, in which Rwandans killed between 750,000 and one million of their
fellow citizens, including approximately three-quarters of the Tutsi
population. Following the killing of the president in 1994, an extremist
interim government directed the Hutu-dominated national army, militia groups,
and ordinary citizens to kill resident Tutsis and moderate Hutus. The genocide
ended later the same year when the predominantly Tutsi RPF, operating out of
Uganda and northern Rwanda, defeated the national army and Hutu militias and
established an RPF-led government of national unity that included members of
eight political parties. President Kagame was elected in the 2003 elections.
Since 1994 the government has called for national reconciliation and
abolished policies of the former government that created and deepened ethnic
cleavages. The government removed all references to ethnicity in written and
nonwritten official discourse and eliminated ethnic quotas for education,
training, and government employment.
In June and July, President Kagame and several other political leaders
called for young Hutus to apologize publicly for the genocide on behalf of
their parents. In November cabinet ministers endorsed the “Ndi Umunyarwanda”
(“We are Rwandan”) program that included as a resolution the statement that
“the genocide against Tutsis was committed in the name of Hutus, thus for the
real healing of Rwandan society it is indispensable that Hutus whose name was
used in the genocide crime apologize to Tutsi victims, denounce such acts and
distance themselves from perpetrators, and fight clearly against the genocide
ideology and ethnical divisionism.” Several observers noted that these
proposals suggested that the Hutu ethnic group was collectively responsible for
the genocide and contributed to the exacerbation of ethnic tension.
The constitution provides for the eradication of ethnic, regional, and
other divisions in society and the promotion of national unity. Most Rwandans
know the regional or ethnic origin of their fellow Rwandans. Some individuals
continued to accuse the government of favoring Tutsis, particularly
English-speaking Tutsis, in government employment, admission to professional
schooling, recruitment into or promotion within the army, and other matters.
Beginning in the 1920s, colonial authorities formally assigned “racial”
categories to all citizens and required them to carry identity cards indicating
their designated ethnicity: Hutu, Tutsi, or Twa. Government authorities
continued this practice until after the 1994 genocide. The postgenocide
government banned identity card references to ethnicity and prohibited social
or political organizations based on ethnic affiliation as “divisionist” or
contributing to genocide ideology. As a result, the Twa, who number
approximately 34,000, lost their official designation as an ethnic group. The
government no longer recognizes groups advocating specifically for Twa needs,
and some Twa believed these government policies denied them their rights as an
indigenous ethnic group; however, the government recognized COPORWA, an
organization focused primarily on Twa community needs, as an advocate for the
most marginalized. Most Twa continued to live on the margins of society with
very limited access to health care or education, and other citizens viewed them
generally as second-class citizens (see section 2.d.).
Societal Abuses,
Discrimination, and Acts of Violence Based on Sexual Orientation and Gender
Identity
There are no laws that criminalize sexual orientation or consensual
same-sex sexual conduct, and cabinet-level government officials expressed
support for the rights of lesbian, gay, bisexual, and transgender (LGBT)
individuals. LGBT individuals reported societal discrimination and abuse, and
staff working for LGBT rights groups reported occasional harassment by
neighbors and police.
In 2011 the local LGBT rights group Horizon Community Association (HOCA)
opened an office in Kigali but was evicted several months later after the
landlord reported pressure from neighbors. HOCA leaders and staff also reported
receiving threats in 2011, and several fled the country. HOCA successfully
opened an office in Kigali and restarted operations during the year.
There were several reports that students at the secondary and university
level were suspended or expelled for same-sex relationships, and one student
reportedly was arrested. The status of the case was unknown at year’s end.
There were no known reports of physical attacks against LGBT persons. In
previous years LGBT victims of such attacks fled the country and were granted
asylum abroad. The RNP investigated reports of threats to LGBT activists and
individuals, but the outcome of such investigations was not known.
Discrimination against persons living with HIV/AIDS occurred, although such
incidents remained rare. According to a June 2012 report by AJPRODHO-JIJUKIRWA,
persons with HIV/AIDS often were denied the right to inheritance in the belief
they would die soon. The government actively supported public education
campaigns on the issue, including the establishment of HIV/AIDS awareness clubs
in secondary schools and making public pronouncements against stigmatization of
those with the disease.
According to RDF policy and in keeping with UN guidelines, members of the
military with HIV/AIDS were not permitted to participate in peacekeeping
missions abroad but could remain in the military.
The law provides all salaried formal sector workers, except for certain
senior public servants and soldiers, the right to form and join independent
unions, conduct legal strikes, and bargain collectively. Family businesses and
informal sector workers generally are not protected under most provisions of
the labor code.
Informal sector workers are also permitted to join unions, conduct strikes,
and bargain collectively, although informal workers did not avail themselves of
these rights. The 2001 labor law grants “every worker in every enterprise” the
right to be a member of a trade union. Informal sector workers are exempt from
provisions in the 2009 labor law, “except for issues relating to social
security (and) the trade union organizations.” All workers are permitted to
conduct strikes, although not before navigating official, and lengthy,
procedures established by the labor law. Other provisions of law sometimes
abrogated these rights. For example, a ministerial order that identifies
essential services severely restricts the fields in which workers have the
right to strike.
Ministerial orders define the implementation of the national labor law;
there are no significant gaps between the labor law and the ministerial orders.
All unions must register with the Ministry of Public Service and Labor
(MIFOTRA). The application process was cumbersome and required unions to
disclose their membership and property.
The law provides some workers the right to conduct strikes, subject to
numerous restrictions. Public servants and soldiers are not allowed to strike,
and participation in unauthorized demonstrations may result in employee
dismissal, nonpayment of wages, and civil action against the union. A union’s
executive committee must approve any strike, and the union must first try to
resolve its differences with management through complex compulsory arbitration,
conciliation, and mediation processes prescribed by MIFOTRA.
The law allows unions to negotiate with employers for an industry-level
minimum wage in certain sectors, but none did so. The law allows unions to
conduct their activities without interference, prohibits antiunion
discrimination, and requires employers to reinstate workers fired for union
activity. Antiunion interference and discrimination are subject to penalties of
up to two months in prison and fines of 50,000 to 300,000 Rwandan francs ($76
to $450), which were not sufficient to deter violations. The labor code
restricts voluntary collective bargaining by inserting the government into
labor negotiations and requiring binding arbitration in cases of
nonconciliation.
There were 30 labor unions, which were organized into three confederations,
CESTRAR (Centrale Syndicale des Travailleurs du Rwanda), COTRAF (Congres du
Travail et de la Fraternite des Travailleurs), and COSYLI (Conseil National des
Organisations Syndicales Libres au Rwanda). All three federations ostensibly
were independent, but CESTRAR had close links to the government and ruling RPF
party.
Freedom of association and the right to collective bargaining generally
were not respected. The government did not enforce applicable laws effectively
and restricted these rights. Government-led aggregation of small and medium
enterprises into sector-specific cooperatives precluded unionization and led to
the shutdown of unions. In addition, local government officials and employers
routinely impeded workers from joining or forming unions. Employers often
harassed union members and prevented workers from meeting by prohibiting
meetings during work hours. Employers often dismissed union representatives and
members because of their union activities and did not reinstate them.
The government severely limited the right to collective bargaining. The
government was heavily involved in the collective bargaining process, since
most union members worked in the public sector. Labor union officials commented
that many private sector businesses controlled by the RPF or RDF were
off-limits to collective bargaining negotiations. The government also
controlled collective bargaining with cooperatives. No labor union had an
established collective bargaining agreement with the government. Employers,
including the government, perpetually delayed agreements to bargain or
bargained with employer-controlled unions. Employers across a number of
industries, such as mining and construction, employed subcontractors in order
to avoid hiring workers with bargaining rights or paying benefits required by
law.
In September police arrested representatives of a professional association
of minibus drivers after they presented a petition to the prime minister
protesting a change in government policy that bars minibus taxis from operating
within the Kigali city limits. The representatives were detained for several
days and subsequently released.
In 2012 Sorwathe Tea, a U.S. firm, became the first company in the country
to sign a collective bargaining agreement with its employees, who numbered
2,400. CESTRAR, the Congress of Labor and Brotherhood, and the MIFOTRA
participated in the negotiations.
In contrast with prior years, there were neither registered strikes during
the year nor anecdotal evidence of unlawful strikes.
There were no functioning labor courts or other formal mechanisms to
resolve antiunion discrimination complaints. According to CESTRAR, employers in
small companies frequently intimidated unionists through the use of transfers,
demotions, and dismissals.
The law prohibits most forms of forced or compulsory labor, and the
government generally enforced the law. In May 2012 the government signed into
law a new penal code greatly strengthening antitrafficking provisions. In
August the RNP arrested a Rwandan national and an Ugandan national for their
alleged participation in a human trafficking ring. Other forced labor cases may
have been tried under different laws. Government efforts to prevent and
eliminate forced labor focused on trafficking in persons and child labor (see
section 7.c.). Statistics on the number of victims removed from forced labor
were not available.
The minimum age for full-time employment is 18 (16 for apprenticeships),
provided the child has completed primary school. The law prohibits children
younger than 18 from participating in hazardous work, defined as night work
(between 7 p.m. and 5 a.m.), the worst forms of child labor as defined under
International Labor Organization Convention 182, or any work deemed difficult,
unsanitary, or dangerous by MIFOTRA. A 2010 ministerial order on the worst
forms of child labor prohibits children from working in industrial institutions
and in domestic service, mining and quarrying, construction, brick making, or
applying fertilizers and pesticides. The law prohibits forced or compulsory
labor by children. The law prohibits children in military service, prostitution,
or pornography, as well as child trafficking and slavery. Children must have a
rest period of at least 12 hours between work periods. The law provides six
months to 20 years’ incarceration and fines of 500,000 to five million Rwandan
francs ($760 to $7,600) for violations. The law applies to contractual
employment but not unregistered employment, such as subsistence family farming
or casual labor in agricultural cooperatives, and thus leaves most working
children unprotected. In addition to the national laws, some districts enforced
local regulations against hazardous child labor, sanctioning employers and
parents for violations. The government did not enforce the law effectively.
Police, immigration officials, local government officials, and labor inspectors
received training on identifying victims of trafficking.
The NCC took the lead role in designating responsible agencies and
establishing actions to be taken, timelines, and other concrete measures in
relation to the integrated child rights policy and various national
commissions, plans, and policies related to child protection subsumed therein.
The National Advisory Committee on Child Labor continued drafting the overdue
2008 national policy for the elimination of child labor and 2007 five-year
action plan to combat child labor. At the local level, 149 local child labor
committees monitored incidents of child labor. The government supported 30
labor inspectors, one in each district. Although the government was unable to
provide them with adequate resources to effectively identify and prevent the
use of child labor, the inspectors regularly trained employers and local
authorities on child labor issues. The RNP continued to operate a Child
Protection Unit. Child labor reduction and school attendance benchmarks were
enforced as part of district government officials’ performance contracts.
The government continued to work with NGOs to raise awareness of the
problem and to identify and send to school or vocational training children
involved in child labor. In January 2012 the government implemented a 12-year
basic education program to extend free, universal public education by three
additional years of secondary education, which aided in reducing the incidence
of child labor. The government fined those who illegally employed children or
sent their children to work instead of school. Teachers and local authorities
continued to receive training on the rights of children and human rights.
MIFOTRA raised public awareness of the worst forms of child labor through radio
shows, television announcements, and skits. The government continued efforts to
stop child prostitution through a high-profile public campaign to discourage
intergenerational sex and sexual procurement.
Approximately 80 percent of child laborers worked in the agricultural
sector. Child labor also persisted among household domestics, in small
companies and light manufacturing, in cross-border transportation, and in the
brick-making, charcoal, rock-crushing, and mining industries. Children received
low wages, and abuse was common. In addition, child prostitution and
trafficking of children were problems. According to the Department of Labor’s Findings
on the Worst Forms of Child Labor 2012 report, approximately 142,500
children (6.1 percent of children between the ages of five and 14) were engaged
in child labor.
There were reports the M23 armed group recruited children in Rwanda, some
of them forcibly, to porter goods, collect intelligence, cook, serve as
bodyguards, and fight on the front lines in the eastern DRC. Rwandan and
refugee children were trafficked to Kigali, Uganda, Kenya, and elsewhere as
forced laborers, domestic servants, and prostitutes (see sections 2.d. and 6).
Also see the Department of Labor’s Findings on the Worst Forms of
Child
There was no national minimum wage, but MIFOTRA set industry-specific
minimum wages in the small formal sector. For example, in 2010 the minimum wage
in the tea industry ranged from 500 to 1,000 Rwandan francs ($.076 to $1.51)
per day, while in the construction industry it ranged from 1,500 to 5,000
Rwandan francs ($2.30 to $7.60) a day, depending on skill level. Minimum wages
provided a higher standard of living than that of the approximately 80 percent
of the population relying on subsistence farming. The government, as the
country’s largest employer, effectively set most other formal sector wage
rates. The constitution requires equal pay for equal work.
According to the World Bank, 45 percent of the population lived below the
national poverty line in 2011.
The law provides a standard workweek of 45 hours and 18 to 21 days paid
annual leave, in addition to official holidays. Maternity leave is set at six
weeks with full salary, and an optional additional six weeks at 20 percent of
salary. The law does not provide for premium pay for overtime, but there are
prohibitions on excessive compulsory overtime. The law provides employers with
the right to determine daily rest periods. Most employees received a one-hour lunch break.
The law regulates hours of work and occupational health and safety
standards in the formal wage sector. Ministerial orders issued in May 2012
determine the modalities for establishing and operating occupational health and
safety committees and the conditions for occupational health and safety set
forth in the country’s first comprehensive occupational health and safety
standards. While workers do not have the right to remove themselves from
dangerous work situations without jeopardizing their jobs, the government
established a list of dangerous professions subject to heightened safety
scrutiny. The same labor standards apply to migrant and foreign workers as to
Rwandan nationals. There were no effective labor standards for the informal
sector, which accounted for 89 percent of all establishments according to the
2011 Establishment Census.
MIFOTRA supported 30 labor inspectors, one in each district, but the
inspectors did not enforce labor standards effectively. While penalties helped
to deter the worst forms of child labor, as indicated by the continuing
decrease in child labor, the high level of media attention to arrests for the
worst forms of child labor, and action by some key industries to eliminate
child labor, the government did not enforce the law consistently. With regard
to adult labor, the many violations reported to labor unions compared to the
relatively few actions taken by the government and employers to remedy
substandard working conditions suggested penalties were insufficient to deter
violations. During the year MIFOTRA strengthened financial accountability
mechanisms for labor inspectors and districts to ensure that funds were
properly spent on inspections and other labor programming to prevent violations
and improve working conditions. UNICEF purchased tax-free motorcycles for
approximately half of MIFOTRA’s labor inspectors to allow for unannounced site
visits. The inspectors who received motorcycles also received funds for fuel
and maintenance. To improve productivity and communication, MIFOTRA provided
inspectors with laptops, internet service, and mobile telephone minutes; the
source of funding was unclear.
Some workers accepted less than the minimum wage where one was set, with
reports of some workers in Kigali accepting 300 Rwandan francs ($.45) per day
for casual labor. Families regularly supplemented their incomes by working in
small businesses or subsistence agriculture. Most workers in the formal sector
worked six days per week. Violations of wage, overtime, and occupational health
and safety standards were common in both the formal and informal sectors. Local
media highlighted the common problem of employers not signing up employees for
social security or occupational health insurance and not paying into those
benefit systems as required by law. Workers in subcontractor and business
process outsourcing sectors were especially vulnerable to hazardous or
exploitative working conditions. Statistics on workplace fatalities and
accidents were not available, but MIFOTRA officials singled out mining as a
sector with significant problems implementing occupational health and safety
standards. There were no
major industrial accidents during the year.
The Truth can be buried and stomped into the ground where none can see, yet eventually it will, like a seed, break through the surface once again far more potent than ever, and Nothing can stop it. Truth can be suppressed for a "time", yet It cannot be destroyed. ==> Wolverine
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Profile
I am Jean-Christophe Nizeyimana, an Economist, Content Manager, and EDI Expert, driven by a passion for human rights activism. With a deep commitment to advancing human rights in Africa, particularly in the Great Lakes region, I established this blog following firsthand experiences with human rights violations in Rwanda and in the DRC (formerly Zaïre) as well. My journey began with collaborations with Amnesty International in Utrecht, the Netherlands, and with human rights organizations including Human Rights Watch and a conference in Helsinki, Finland, where I was a panelist with other activists from various countries.
My mission is to uncover the untold truth about the ongoing genocide in Rwanda and the DRC. As a dedicated voice for the voiceless, I strive to raise awareness about the tragic consequences of these events and work tirelessly to bring an end to the Rwandan Patriotic Front (RPF)'s impunity.
This blog is a platform for Truth and Justice, not a space for hate. I am vigilant against hate speech or ignorant comments, moderating all discussions to ensure a respectful and informed dialogue at African Survivors International Blog.
Genocide masterminded by RPF
Finally the well-known Truth Comes Out.
After suffering THE LONG years, telling the world that Kagame and his RPF criminal organization masterminded the Rwandan genocide that they later recalled Genocide against Tutsis. Our lives were nothing but suffering these last 32 years beginning from October 1st, 1990 onwards. We are calling the United States of America, United Kingdom, Japan, and Great Britain in particular, France, Belgium, Netherlands and Germany to return to hidden classified archives and support Honorable Tito Rutaremara's recent statement about What really happened in Rwanda before, during and after 1994 across the country and how methodically the Rwandan Genocide has been masterminded by Paul Kagame, the Rwandan Hitler. Above all, Mr. Tito Rutaremara, one of the RPF leaders has given details about RPF infiltration methods in Habyarimana's all instances, how assassinations, disappearances, mass-slaughters across Rwanda have been carried out from the local autority to the government,fabricated lies that have been used by Gacaca courts as weapon, the ICTR in which RPF had infiltrators like Joseph Ngarambe, an International court biased judgments & condemnations targeting Hutu ethnic members in contraversal strategy compared to the ICTR establishment to pursue in justice those accountable for crimes between 1993 to 2003 and Mapping Report ignored and classified to protect the Rwandan Nazis under the RPF embrella . NOTHING LASTS FOREVER.
Human and Civil Rights
Human Rights, Mutual Respect and Dignity
For all Rwandans :
Hutus - Tutsis - Twas
Rwanda: A mapping of crimes
Rwanda: A mapping of crimes in the book "In Praise of Blood, the crimes of the RPF by Judi Rever
Be the last to know: This video talks about unspeakable Kagame's crimes committed against Hutu, before, during and after the genocide against Tutsi in Rwanda.
The mastermind of both genocide is still at large: Paul Kagame
KIBEHO: Rwandan Auschwitz
Kibeho Concetration Camp.
Mass murderers C. Sankara
Stephen Sackur’s Hard Talk.
Prof. Allan C. Stam
The Unstoppable Truth
Prof. Christian Davenport
The Unstoppable Truth
Prof. Christian Davenport Michigan University & Faculty Associate at the Center for Political Studies
The killing Fields - Part 1
The Unstoppable Truth
The killing Fields - Part II
The Unstoppable Truth
Daily bread for Rwandans
The Unstoppable Truth
The killing Fields - Part III
The Unstoppable Truth
Time has come: Regime change
Drame rwandais- justice impartiale
Carla Del Ponte, Ancien Procureur au TPIR:"Le drame rwandais mérite une justice impartiale" - et réponse de Gerald Gahima
Sheltering 2,5 million refugees
Credible reports camps sheltering 2,500 million refugees in eastern Democratic Republic of Congo have been destroyed.
The UN refugee agency says it has credible reports camps sheltering 2,5 milion refugees in eastern Democratic Republic of Congo have been destroyed.
Latest videos
Peter Erlinder comments on the BBC documentary "Rwanda's Untold Story
Madam Victoire Ingabire,THE RWANDAN AUNG SAN SUU KYI
Rwanda's Untold Story
Rwanda, un génocide en questions
Bernard Lugan présente "Rwanda, un génocide en... par BernardLugan Bernard Lugan présente "Rwanda, un génocide en questions"
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Everything happens for a reason
Bad things are going to happen in your life, people will hurt you, disrespect you, play with your feelings.. But you shouldn't use that as an excuse to fail to go on and to hurt the whole world. You will end up hurting yourself and wasting your precious time. Don't always think of revenging, just let things go and move on with your life. Remember everything happens for a reason and when one door closes, the other opens for you with new blessings and love.
Hutus didn't plan Tutsi Genocide
Kagame, the mastermind of Rwandan Genocide (Hutu & tutsi)
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