Hungry for Truth, Peace and Justice

2009 Respect for Civil Liberties: Rwanda

Source:
2009 Human Rights Report: Rwanda
U.S. Department of State
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010

a. Freedom of Speech and Press

The constitution provides for freedom of speech and of the press "in conditions prescribed by the law"; however, the government at times restricted these rights. The government continued to intimidate and arrest independent journalists who expressed views that were deemed critical of the government on sensitive topics or who were believed to have violated law or journalistic standards. The government also suspended, and subsequently reinstated, a media outlet. Numerous journalists practiced self-censorship.

The law prohibits the propagation of discrimination or sectarianism based on "ethnic, regional, racial, religious, language, or other divisive characteristics." Public incitement to what is commonly termed divisionism is punishable by up to five years in prison, heavy fines, or both.

Individuals could criticize the government publicly or privately on most topics; however, the laws prohibiting divisionism, genocide ideology, and genocide denial continued to discourage citizens from expressing viewpoints that might be construed as promoting societal divisions. Other statutes forbid "contempt for the Head of State of Rwanda." During the year the expression of such viewpoints sometimes resulted in harassment or intimidation.

In August the government passed a new media law called the Law on Media. Provisions in the new law grant the Media High Council the power to suspend newspapers, increase the amount of capital required to start new media outlets, impose criminal penalties on journalists who incite discrimination or show contempt to the president, and require journalists to reveal their sources when authorities deem it necessary to carry out criminal investigations or proceedings. The law also requires journalists to have either an associate's degree in journalism or communication, a certificate obtained from an institute of journalism and communication, or a university degree in another field with training in journalism. Journalists without one of these qualifications must obtain them within five years to continue in their positions.

There were both private and government-owned newspapers, published in English, French, and Kinyarwanda. The New Times, an English-language paper with close ties to the government and whose shareholders reportedly included senior government officials, was the only daily newspaper. There were 67 newspapers, journals, and other publications registered with the government, although fewer than 20 published regularly. Sporadically published independent newspapers-–including Focus, Umuseso, and Umuvugizi--maintained positions contrary to or critical of the government. The New Times also sometimes criticized government policies and officials. Journalists from the BBC's Kinyarwanda-language service reported being denied access to cover certain government events and difficulty reaching officials between January and June. As of June BBC Kinyarwanda journalists reported receiving invitations to government events and interviews with government officials.

Unlike in the previous year, the government did not expel members of the press from the country for articles deemed in violation of the divisionism statute, the press law, or other articles of the criminal code; however, journalists were expelled from public events. Police also detained journalists.

During a February 14 lecture given by High Court President Johnston Busingye to police cadets, police expelled two journalists from the New Times who had been invited to cover the event. Police subsequently forced the journalists to delete their photographs when they were unable to produce their letters of permission from the Ministry of Internal Security to attend the event. The lecture included discussion of human rights in policing.

In August a gacaca court in Butare sentenced Amani Ntakandi, a journalist for the biweekly Rushyashya, to three months in prison for taking photos of an August 5 gacaca trial. Ntakundi, who had a permit to take notes issued by the national agency for Gacaca courts, claimed he was unaware that he needed separate permission to take photos. Authorities released him in November.

The law imposes criminal sanctions on the media for libel and other forms of defamation. In December authorities arrested, then released, Umuseso editor Didas Gasana on charges of defamation and insult after he published a story alleging an affair between the minister of cabinet affairs and the mayor of Kigali.

In August the government charged Umuvugizi editor and journalist Jean Bosco Gasasira, one of three journalists expelled from a government event in May 2008, with slander, abuse, defamation, and invasion of privacy after he published two articles that accused a government official of having an extramarital affair. The judge found Gasasira guilty of defamation and invasion of privacy and fined him; Gasasira appealed the decision in December. In reaction to a media question during a July 27 press conference, the minister of information, Louise Mushikiwabo, announced that the "days of destructive media are numbered." Gasasira, who was attacked by unknown assailants in 2007 after Umuvugizi published articles that criticized the government, claimed that he had been followed during the August trial by men whom he believed were state security agents.

In August the Media High Council recommended that the government suspend the weekly Umuseso for three months following a July article that called President Kagame a dictator and compared him to former president Habyarimana; however, no action had been taken against the newspaper by year's end. According to the Committee to Protect Journalists, Minister of Information Mushikiwabo explained that she could not understand how anyone would make such a comparison, saying, "one man started the genocide, while the other ended it." Police and immigration officials seized the shipment of a subsequent edition of Umuseso at the country's border with Uganda (where it was printed), but released it several hours later. Umuseso continued to publish.

In May 2008 government officials expelled three local journalists-–Charles Kabonero of Umuseso, Jean Bosco Gasasira of Umuvugizi, and Jean Gaubert Burasa of Rushyasha--from a government event celebrating World Press Freedom Day. It subsequently excluded Bonaventure Bizumuremyi of Umuco and Kabonero's replacement from covering government events. At year's end Bizumuremyi and Kabonero remained outside the country. The government later began allowing Rushyasha's reporters to cover government events.

The case against Umuco editor Bizumuremyi remained pending; Bizumuremyi fled the country in March 2008 after his newspaper ran side-by-side photographs of President Kagame with Adolf Hitler and an article equating the two. The government had not suspended Umuco, but the newspaper had not published since October 2008. In 2007 the government began prosecuting Bizumuremyi for defamation, divisionism, and disobeying public authorities.

The appeal of the one-year suspended sentence of local journalists Charles Kabonero and Didas Gasana of Umuseso, who were convicted in February 2008 of libel for critical articles written about a prominent businessman, remained pending at year's end.

Critics continued to criticize the semiautonomous Media High Council for inhibiting rather than promoting press freedom.

Unlike in previous years, government officials did not pressure government institutions and local businesses to withhold advertising from newspapers critical of the government, which affected newspapers' revenues.

The law authorizes private radio and TV broadcasting, subject to the approval of the government, although some complained that the licensing fees were prohibitively high. The government authorizes the licensing of private television stations; however, it owned and operated the country's only television station. In addition to government-owned and operated Radio Rwanda, there were six community radio stations, five religious stations, one university station, and six independent FM radio stations broadcasting during the year; they offered mostly music and talk shows. Foreign media groups, including Voice of America, BBC, and Deutsche Welle, broadcast throughout the year and were among the few stations in the country that regularly broadcast independent news.

Radio stations broadcast criticism of government policies during the year, including through the use of popular citizen call-in shows.

In April the Ministry of Information suspended the BBC's Kinyarwanda radio service after it broadcast quotes excerpted from an episode of The Roots of the Origin, a weekly radio program focused on conflict in the Great Lakes region; the quotes were considered inflammatory given the 1994 genocide. The government charged that the quotes were "likely to obstruct national unity and reconciliation efforts." Following direct discussions between the government and the BBC, the government revoked the suspension. However, in June Minister of Information Mushikiwabo asked the BBC to reaffirm its commitment to balanced and accurate editorial content. According to the New Times daily, the minister "warned that if the station did not change the way it dealt with the 1994 genocide, broadcasts in Kinyarwanda would be "definitively and unconditionally" suspended.

In some cases unidentified individuals harassed and threatened journalists. Some journalists reported receiving text messages and phone calls from unidentified persons harassing them because of critical stories they had written or calling them enemies of the country. Additionally, some journalists reported that unidentified vehicles followed them.

Internet Freedom

There were no government restrictions on access to the Internet. There were reports that the government monitored e-mail, but not Internet chat rooms. Individuals and groups could engage in the peaceful expression of views via the Internet, including by e-mail. Internet cafes were common and used regularly in the largest towns, although the Internet was generally unavailable in rural areas, where the majority of the population lives. According to International Telecommunication Union statistics for 2008, approximately 3 percent of the country's inhabitants used the Internet.

Academic Freedom and Cultural Events

The government generally did not restrict academic freedom or cultural events; however, on September 30, police arrested university lecturer Dieudonne Nyamulinda, from Eastern Province, on charges of insulting the president and denying the genocide; Nyamulinda remained in prison awaiting trial at year's end. Unlike in the previous year, there were no reports that authorities suspended secondary and university students for divisionism or engaging in genocide ideology.

b. Freedom of Peaceful Assembly and Association

Freedom of Assembly

The constitution and law provide for freedom of assembly, and the government generally respected this right in practice; however, there were some exceptions. Authorities legally may require advance notice for outdoor rallies, demonstrations, and meetings.

Authorities prevented political party organizers from meeting. During the year the PS-Imberakuri party attempted to hold four assemblies to register as a political party, but police dispersed two of the assemblies due to procedural errors; the party was unable to secure a notary for the other two. PS-Imberakuri held a successful assembly in June and became an official political party in July.

In April the mayor of Nyarugenge District cancelled the Republican Democratic Alliance/Legacy of Agathe Uwilingiyimana party (ADRUIUA), mistakenly believing they needed authorization by local officials. ADRUIUA attempted to hold another assembly, but did not have enough attendees and had not registered as a political party by year's end.

Authorities cancelled three assemblies of the Democratic Green Party of Rwanda (DGPR or Green Party), including two for procedural errors and one to a disruption by an attendee. The Green Party also found it difficult to secure a notary for its assemblies, and it was still awaiting authorization from police to hold another assembly at year's end.

The government continued to limit the type of locations where religious groups could assemble, at times citing municipal zoning regulations as the reason.

Freedom of Association

The constitution provides for freedom of association; however, the government limited this right in practice. Private organizations were required to register, and the government generally granted licenses without undue delay; however, there were some exceptions. The government impeded the formation of new political parties and restricted political party activities (see section 3).

The government generally imposed difficult and burdensome NGO registration and renewal requirements, as well as time-consuming requirements to submit annual financial and activity reports.

c. Freedom of Religion

The constitution provides for freedom of religion, and other laws and policies contributed to the generally free practice of religion; however, there were some exceptions. Local government officials continued to arrest, detain, and beat members of Jehovah's Witnesses for refusing to participate in security patrols. Unlike in the previous year, no Jehovah's Witnesses teachers were fired for refusing to participate in government-sponsored solidarity camps.

The law requires that all nonprofit organizations, including churches and religious organizations, register with the Ministry of Local Government and the Ministry of Justice to acquire the status of "legal entity." During the year the government was drafting a new law on religious organizations and did not accept new applications.

The government allowed religious groups to hold services only at established places of worship and banned the use of private homes for this purpose. Unlike in the previous year, there were no reports that police arrested persons who held night prayers in their homes.

In May and June soldiers beat members of Jehovah's Witnesses for refusal to participate in armed night patrols. During the year police arrested and detained members of Jehovah's Witnesses for an average of six days as a result of their failure to participate in nighttime security patrols. Such arrests occurred despite a 2005 government ruling that the National Public Prosecution Authority had wrongly applied a law requiring some form of community work to religious groups.

In August the High Court of Musanze summoned a 16-year-old Jehovah's Witness and charged him with disturbing national peace; the youth had been expelled from another school in February 2008 for refusing to sing the national anthem. The judge acquitted the youth at his October 8 trial.

Of the 112 children of Jehovah's Witnesses who were expelled from school in 2008 for refusing to sing the national anthem, 97 had been readmitted by September.

In April 2008 the government fired 215 Jehovah's Witnesses teachers for failing to participate in government-sponsored solidarity camps on religious grounds. As of September, 119 remained unemployed, 48 had gone to the DRC, 47 found different employment, and one had returned to teaching.

Government officials presiding over wedding ceremonies generally required couples to take an oath while touching the national flag, a practice to which members of Jehovah's Witnesses objected on religious grounds. This practice made it difficult for church members to marry as they had to find officials willing to perform the ceremony without the flag requirement. Some members found that placing their hands on a bible on top of the flag was an acceptable alternative.

During the year government authorities and Jehovah's Witnesses leaders continued to address problems and misunderstandings through a collaborative mechanism begun in 2005. However, church leaders reported little official willingness to respond to their concerns.

Societal Abuses and Discrimination

There was a very small Jewish community, consisting entirely of expatriates, and there were no reports of anti-Semitic acts.

The government endorsed the opening of Agahozo Shalom Youth Village during the year, a residential community for orphaned teenagers sponsored by an American Jewish organization, which teaches tolerance and acceptance of all persons.

For a more detailed discussion, see the 2009 International Religious Freedom Report at www.state.gov/g/drl/rls/irf.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide for freedom of movement, foreign travel, emigration, and repatriation, and the government generally respected these rights in practice.

The government generally 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, and returning refugees.

The law prohibits forced exile, and the government did not use it.

During the year the country accepted 15,452 citizens returning from other countries, all but 5,702 returning from the DRC; most were settled in their districts of origin. The government set a deadline of July 31, later extending it to August 31, for the return of the approximately 20,000 Rwandan refugees and asylum seekers from Uganda; approximately 5,000 returned. The government worked with the UNHCR and other aid organizations to assist the resettled returnees. Government mediators handled land disputes resulting from the large number of returnees.

The government continued to accept former combatants who returned to the country from the DRC as part of the ongoing rapprochement between the two countries. A total of 8,284 former combatants from armed groups in the DRC, including 715 former child soldiers, had been demobilized and peacefully resettled in the country since the beginning of the disarmament, demobilization, and reintegration program in 2001. During the year the government demobilized 1,152 adult former combatants from armed groups and rehabilitated approximately 90 children, 49 of whom arrived during the year. It also demobilized 1,910 RDF soldiers during the year. With international support, the government's Demobilization and Reintegration Commission, the lead agency for the reinsertion of returned former combatants, placed such persons in a three-month reeducation program at a demobilization and reintegration center in Northern Province. There also was a center solely for former child combatants in Eastern Province. After the three-month reeducation period, each adult former combatant received approximately 60,000 Rwandan francs ($108) and permission to return home; several months later, each received an additional 120,000 Rwandan francs ($216). Returnees accused of committing genocide and who were at least 14 years old at the time of the genocide faced gacaca trials.

Internally Displaced Persons

The government demolished homes and businesses in Kigali as part of the city's master plan, and some residents claimed they received insufficient compensation for their property. Unlike in the previous year, there were no complaints of inadequate notice given to residents to vacate their properties.

Protection of Refugees

The country is a party to the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol, as well as the 1969 African Union Convention Governing the Specific Aspects of the Refugee Problem in Africa; the government has established a system for providing protection to refugees. The constitution recognizes the right to asylum "under conditions determined by law," and there was a law in place to recognize refugees. However, the government was slow to implement refugee registration procedures, and most persons seeking asylum or refugee status had to seek private assistance (in finding housing, food, and other supplies) while awaiting formal recognition by the government.

In the past the government provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion; however, on June 2, soldiers and police forcibly closed the Kigeme refugee camp, which had sheltered approximately 2,000 Burundian refugees. As of May 31, the date agreed upon by the UNHCR and the governments of Rwanda and Burundi for closing the camp, approximately 1,500 of the refugees had voluntarily returned home. Of the remaining 500 refugees, the UNHCR had slated 70 for resettlement, leaving approximately 440 persons. On June 2, police and soldiers rounded up these remaining refugees and forcibly transported them to Burundi. The UNHCR criticized the action.

The UNHCR, with government support, continued to assist refugees and asylum seekers. As of November 30, it had provided temporary protection to 54,004 persons, mostly refugees from the DRC.

Some refugees seeking third-country resettlement reportedly had difficulty obtaining exit visas from the government. Lack of government-issued identity cards also created difficulties for refugees when they were outside the camps.

In September a group of more than 300 genocide suspects fled from Rwanda to Burundi claiming persecution. Government officials claimed that most fled due to pending gacaca cases, not persecution.

Unlike in the previous year, there were no reports that representatives of a DRC-based armed group recruited children and adults from Rwandan refugee camps to be combatants or laborers. The government noted that it was difficult to control camps that had no fences and populations that regularly crossed borders. Refugees had access to primary schools and health care, but few were able to find jobs, although there were no laws denying them access to employment.

Related Materials:
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2009 Human Rights Report: Rwanda-Human Rights Watch

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posted by Mamadou Kouyate @ 12:49 AM