Rwanda: Contested Genocide law sends more than 900 people to prison

By RNA Reporter
Wednesday, 02 June 2010

Kigali: The Law on genocide ideology – which government is reviewing following a barrage of criticism since it was adopted in 2007, has left hundreds of people in jail, new records show.

Figures published Tuesday by campaign group Amnesty International indicate that as of August 2009, there were reportedly 912 people in prison – with 356 awaiting trial; 556 convicted and sentenced, on genocide ideology charges.

The rights group – which is under fire from Kigali over fiercely attacking government on several occasions over the law, says some cases resulted in acquittals, often following a period of prolonged pre-trial detention.

President Kagame announced the law was being reviewed at cabinet level amid accusations that government is using it to stifle free speech and the opposition. Since the law criminalizing denial of the 1994 genocide was passed in 2007 (referred to here as “genocide ideology”), critics and donors have demanded its review.

At an April 12 press conference, President Kagame came out with a more reconciliatory message directing that the law should be assessed to see why critics continue to have a problem with it in its current state.

“But I don’t know of any case where it has been abused…that to my knowledge hasn’t come up. That does not even prevent us from looking at what is it really that people are worried about,” said Mr. Kagame.

“Is it said badly? Is it confusing? Maybe we need to fine-tune it to have it clear so that the Grey area is reduced. Maybe that also means the anticipated abuse of the law will probably be narrowed. There is flexibility in my view…I mean we are open to these exchanges…what I don’t accept is the anticipation that everybody will abuse…”

For Amnesty International in the latest 2010 report, “although the law covers some acts that can constitute hate speech, it requires no link to any genocidal act and is extremely vague.”

“For example, it penalizes people with a 10- to 25-year prison term for "dehumanizing" a group of people by "laughing at one´s misfortune" or "stirring up ill feelings". It penalizes young children with sentences of up to 12 months at a rehabilitation centre, and those aged 12 to 18 with prison sentences of between five and twelve and a half years.”

However, the Amnesty International numbers of people in jail over the law do not include those that have been arrested since the beginning of this year. During the 16th commemoration period in April, several people were arrested for negating the Tutsi Genocide.

A more recent case towards the end of April was that of a local official in Southern Rwanda arrested after referring to the Tutsi Genocide as civil war. The official was reported to the authorities by the area women member of parliament.