[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]
Statement by the United
Nations Special Rapporteur on the rights to freedom of peaceful assembly and of
association at the conclusion of his visit to the Republic of Rwanda
Kigali, 27 January 2014
I
would like to thank the Government of the Republic of Rwanda for
inviting me to carry out a visit to the country. I commend Rwanda for
being the first country in Africa to extend an invitation to my mandate
since its establishment by the Human Rights Council in October 2010. I
thank the Government for its excellent cooperation before and during the
conduct of this mission. I am most grateful to all interlocutors I have
met. I had fruitful exchanges with the Prime Minister, the Minister of
Justice, the Minister of Internal Security, the Minister of Local
Government, the Minister of Public Service and Labour, the Minister of
Trade and Industry, the Minister of East African Community, the
Permanent Secretary of the Ministry of Foreign Affairs, and the
Inspector General of Rwanda National Police. Moreover, I had the
opportunity
to meet with the Governor of the South Province and the Mayor of Huye.
would like to thank the Government of the Republic of Rwanda for
inviting me to carry out a visit to the country. I commend Rwanda for
being the first country in Africa to extend an invitation to my mandate
since its establishment by the Human Rights Council in October 2010. I
thank the Government for its excellent cooperation before and during the
conduct of this mission. I am most grateful to all interlocutors I have
met. I had fruitful exchanges with the Prime Minister, the Minister of
Justice, the Minister of Internal Security, the Minister of Local
Government, the Minister of Public Service and Labour, the Minister of
Trade and Industry, the Minister of East African Community, the
Permanent Secretary of the Ministry of Foreign Affairs, and the
Inspector General of Rwanda National Police. Moreover, I had the
opportunity
to meet with the Governor of the South Province and the Mayor of Huye.
I
also met the Chief Justice, the President of the High Court, the
Prosecutor General, the Deputy Speaker of the Parliament, and the Chair
of the Committee on Unity, Human Rights and fight against Genocide of
the Chamber of Deputies and its members. I had meetings with the
National Unity and Reconciliation Commission, the Director of the
Directorate General of Immigration and Emigration, the Chief Executive
Officer of the Rwanda Governance Board, representatives of the Rwanda
Human Rights Commission, and national and international non-governmental
organizations, leaders of political parties, the Private Sector
Federation, and representatives of diplomatic missions.
also met the Chief Justice, the President of the High Court, the
Prosecutor General, the Deputy Speaker of the Parliament, and the Chair
of the Committee on Unity, Human Rights and fight against Genocide of
the Chamber of Deputies and its members. I had meetings with the
National Unity and Reconciliation Commission, the Director of the
Directorate General of Immigration and Emigration, the Chief Executive
Officer of the Rwanda Governance Board, representatives of the Rwanda
Human Rights Commission, and national and international non-governmental
organizations, leaders of political parties, the Private Sector
Federation, and representatives of diplomatic missions.
As
Rwanda, and indeed the world, prepare to honour the memory of the
victims of the Genocide 20 years since 1994, I would like to extend my
best wishes and strength to the people of Rwanda, all of whom have been
touched by this most egregious of human rights violations. Bon courage. I
was humbled when I visited Rwanda during the 10th and 15th
commemorations of the Genocide against the Tutsis and moderate Hutus.
Rwanda, and indeed the world, prepare to honour the memory of the
victims of the Genocide 20 years since 1994, I would like to extend my
best wishes and strength to the people of Rwanda, all of whom have been
touched by this most egregious of human rights violations. Bon courage. I
was humbled when I visited Rwanda during the 10th and 15th
commemorations of the Genocide against the Tutsis and moderate Hutus.
As
a Special Rapporteur, I am independent from the United Nations and I
work voluntarily in my personal capacity. The overarching purpose of my
visit to Rwanda is to contribute to the efforts it has undertaken in its
path towards democratization, greater protection of human rights, and
development with recommendations as to how Rwanda can better respect,
promote and implement international human rights law and standards as it
applies to the freedoms of peaceful assembly and association.
a Special Rapporteur, I am independent from the United Nations and I
work voluntarily in my personal capacity. The overarching purpose of my
visit to Rwanda is to contribute to the efforts it has undertaken in its
path towards democratization, greater protection of human rights, and
development with recommendations as to how Rwanda can better respect,
promote and implement international human rights law and standards as it
applies to the freedoms of peaceful assembly and association.
Rwanda
has come a long way since 1994. There has been remarkable progress in
developing infrastructure, building institutions and ensuring stability
and security. Twenty years is a short time in the life of a nation,
which makes the achievements all the more outstanding. Indeed few could
have predicted that the reconstruction of the Rwandan State could have
reached such broad and deep levels in 1994. I am truly impressed by the
resilience of the Rwandan people, the vibrancy of the economic sector,
the relatively low levels of corruption, efforts at providing universal
healthcare and social safety nets, and the neat and clean environment.
This must be recognized, and applauded.
has come a long way since 1994. There has been remarkable progress in
developing infrastructure, building institutions and ensuring stability
and security. Twenty years is a short time in the life of a nation,
which makes the achievements all the more outstanding. Indeed few could
have predicted that the reconstruction of the Rwandan State could have
reached such broad and deep levels in 1994. I am truly impressed by the
resilience of the Rwandan people, the vibrancy of the economic sector,
the relatively low levels of corruption, efforts at providing universal
healthcare and social safety nets, and the neat and clean environment.
This must be recognized, and applauded.
In
the spirit of constructive dialogue, I wish to make some preliminary
observations and recommendations. The Government has assured me that it
sees this as an opportunity to consolidate the progress made over the
years towards the realization of the rights to freedom of peaceful
assembly and of association in the country.
the spirit of constructive dialogue, I wish to make some preliminary
observations and recommendations. The Government has assured me that it
sees this as an opportunity to consolidate the progress made over the
years towards the realization of the rights to freedom of peaceful
assembly and of association in the country.
Rwanda
has ratified key international human rights instruments and committed
itself to observe them. Moreover, in 2011 during the Universal Periodic
Review Rwanda accepted all recommendations pertaining to the freedoms I
am mandated to monitor. My assessment is guided by these principles.
has ratified key international human rights instruments and committed
itself to observe them. Moreover, in 2011 during the Universal Periodic
Review Rwanda accepted all recommendations pertaining to the freedoms I
am mandated to monitor. My assessment is guided by these principles.
Freedom of peaceful assembly
The
Constitution guarantees freedom of peaceful assembly. Law No. 33.91
provides for prior notification for demonstrations on public roads and
public assemblies. But it also then requires prior authorization for
assemblies in open air, on public roads or in a public space in the
interests of public safety, tranquillity or health. This creates an
inherent contradiction in requiring both prior notification and
authorization, paving the way for arbitrary decisions by the concerned
authorities.
Constitution guarantees freedom of peaceful assembly. Law No. 33.91
provides for prior notification for demonstrations on public roads and
public assemblies. But it also then requires prior authorization for
assemblies in open air, on public roads or in a public space in the
interests of public safety, tranquillity or health. This creates an
inherent contradiction in requiring both prior notification and
authorization, paving the way for arbitrary decisions by the concerned
authorities.
I
firmly believe that the exercise of the right to freedom of peaceful
assembly should not be subject to authorization by the authorities. At
most, a prior notification procedure is sufficient, in order to
facilitate peaceful assemblies and to take measures to protect public
safety and order and the rights and freedoms of others. Moreover,
spontaneous assemblies should be recognized in law and exempted from
prior notification.
firmly believe that the exercise of the right to freedom of peaceful
assembly should not be subject to authorization by the authorities. At
most, a prior notification procedure is sufficient, in order to
facilitate peaceful assemblies and to take measures to protect public
safety and order and the rights and freedoms of others. Moreover,
spontaneous assemblies should be recognized in law and exempted from
prior notification.
I
was informed that in practice only peaceful assemblies which
authorities favour are allowed to take place, such as the commemorations
marches organized by Ibuka, which are also facilitated by the
authorities. Peaceful protests voicing dissent and criticizing
Government policies are reportedly not allowed.
was informed that in practice only peaceful assemblies which
authorities favour are allowed to take place, such as the commemorations
marches organized by Ibuka, which are also facilitated by the
authorities. Peaceful protests voicing dissent and criticizing
Government policies are reportedly not allowed.
For
instance, students who presented a petition to the Prime Minister
protesting against the reduction of scholarships were arrested for
illegal demonstration. Similarly, members of a religious group who
staged a peaceful protest to submit a petition to the President were
arrested on the same ground. In addition, Mr Sylvain Sibomana, Secretary
General of the Unified Democratic Forces FDU-Inkingi, was arrested with
a fellow party member outside a courtroom while attending the trial of
Ms Victoire Ingabire, Chair of the same party. They both wore T-shirts
with the inscription “democracy and justice”. Mr Sibomana was injured by
law enforcement officials in the course of his arrest.
instance, students who presented a petition to the Prime Minister
protesting against the reduction of scholarships were arrested for
illegal demonstration. Similarly, members of a religious group who
staged a peaceful protest to submit a petition to the President were
arrested on the same ground. In addition, Mr Sylvain Sibomana, Secretary
General of the Unified Democratic Forces FDU-Inkingi, was arrested with
a fellow party member outside a courtroom while attending the trial of
Ms Victoire Ingabire, Chair of the same party. They both wore T-shirts
with the inscription “democracy and justice”. Mr Sibomana was injured by
law enforcement officials in the course of his arrest.
According
to the authorities, peaceful protests do not occur because there are
other avenues to express criticism and solve contentious issues. That is
well and good. However, not only are such avenues limited, but as
illustrated by the aforementioned cases, the fear of being targeted has
contributed to individuals and associations refraining from exercising
their right to peaceful assembly to voice their grievances.
to the authorities, peaceful protests do not occur because there are
other avenues to express criticism and solve contentious issues. That is
well and good. However, not only are such avenues limited, but as
illustrated by the aforementioned cases, the fear of being targeted has
contributed to individuals and associations refraining from exercising
their right to peaceful assembly to voice their grievances.
From
my meeting with the Inspector General of the Police, it came out
clearly that law enforcement officials view peaceful assemblies solely
as an issue of ensuring public order, instead of adopting a human rights
based approach that would facilitate assemblies as an integral right of
every person in Rwanda to be protected robustly.
my meeting with the Inspector General of the Police, it came out
clearly that law enforcement officials view peaceful assemblies solely
as an issue of ensuring public order, instead of adopting a human rights
based approach that would facilitate assemblies as an integral right of
every person in Rwanda to be protected robustly.
Let me emphasize that peaceful
assemblies should not be feared. Rather they should be encouraged for
there is value in expressing disagreement and differences peacefully and
publicly. Indeed, there is no better gauge of what citizens think than
peaceful protests. And it is in the interests of the state to allow
public and peaceful assemblies as a “release valve” in order to avoid
recourse to other means of dissent and disagreement that are not
desirable. As stated by the Human Rights Council, “everyone must be able
to express their grievances or aspirations in a peaceful manner,
including through public protests without fear of reprisals or of being
intimidated, harassed, injured… arbitrarily arrested [and] detained…”
(resolution 22/10).
assemblies should not be feared. Rather they should be encouraged for
there is value in expressing disagreement and differences peacefully and
publicly. Indeed, there is no better gauge of what citizens think than
peaceful protests. And it is in the interests of the state to allow
public and peaceful assemblies as a “release valve” in order to avoid
recourse to other means of dissent and disagreement that are not
desirable. As stated by the Human Rights Council, “everyone must be able
to express their grievances or aspirations in a peaceful manner,
including through public protests without fear of reprisals or of being
intimidated, harassed, injured… arbitrarily arrested [and] detained…”
(resolution 22/10).
The
undue restrictions on freedom of peaceful assembly have also impacted
negatively on the enjoyment of freedom of association as several
associations have been prevented from holding general assemblies, a key
requirement for forming a political party or a non-governmental
organization. Indeed, several political activists, holding dissenting
views, have been arrested for holding meetings to recruit members even
in bars.
undue restrictions on freedom of peaceful assembly have also impacted
negatively on the enjoyment of freedom of association as several
associations have been prevented from holding general assemblies, a key
requirement for forming a political party or a non-governmental
organization. Indeed, several political activists, holding dissenting
views, have been arrested for holding meetings to recruit members even
in bars.
Freedom of association
Non-governmental organizations
The
Constitution guarantees freedom of association. This right is further
elaborated in the recently enacted laws governing the organisation and
functioning of local and international non-governmental organizations
(NGOs). Although the legislation is an improvement from previous laws it
nevertheless has maintained onerous and burdensome conditions for
registration.
Constitution guarantees freedom of association. This right is further
elaborated in the recently enacted laws governing the organisation and
functioning of local and international non-governmental organizations
(NGOs). Although the legislation is an improvement from previous laws it
nevertheless has maintained onerous and burdensome conditions for
registration.
Local
NGOs are required to hold a general assembly in order to appoint their
legal representatives and office-bearers. Among other requirements, the
minutes of these meetings including the signatures of all those who
attended the general assembly should then be submitted to the regulatory
authority, the Rwanda Governance Board (RGB). In my discussions with
representatives from various organizations, it was apparent that while
some organizations were not required to notify local authorities prior
to holding their general assemblies, others – particularly the ones more
critical of government – reported that they had to get prior
authorization for these meetings. I urge the Government to ensure that
prior notification or authorisation is not required for associations to
hold private meetings.
NGOs are required to hold a general assembly in order to appoint their
legal representatives and office-bearers. Among other requirements, the
minutes of these meetings including the signatures of all those who
attended the general assembly should then be submitted to the regulatory
authority, the Rwanda Governance Board (RGB). In my discussions with
representatives from various organizations, it was apparent that while
some organizations were not required to notify local authorities prior
to holding their general assemblies, others – particularly the ones more
critical of government – reported that they had to get prior
authorization for these meetings. I urge the Government to ensure that
prior notification or authorisation is not required for associations to
hold private meetings.
To
organise a general assembly means expending considerable financial and
human resources, which many organizations can scarcely afford. Both
local and international NGOs are required to provide letters of
collaboration with authorities in the districts in which they operate.
Again the financial cost, time and energy it takes to obtain these
letters, from all districts in which the organizations wishes to
operate, constitutes a serious drain on the resources of organizations.
The Directorate of Immigration, which is responsible for the
registration of international NGOs, requires that in addition, they
provide evidence of funding for the period which they seek registration,
up to 5 years. Most funding sources are unable to guarantee funding for
multiple years. Many international NGOs are therefore forced to seek
annual
registration as they can only provide proof of financial resources for a
year at a time. The enormous time and energy necessary to put together
the registration requirements could be devoted to activities benefitting
the community.
organise a general assembly means expending considerable financial and
human resources, which many organizations can scarcely afford. Both
local and international NGOs are required to provide letters of
collaboration with authorities in the districts in which they operate.
Again the financial cost, time and energy it takes to obtain these
letters, from all districts in which the organizations wishes to
operate, constitutes a serious drain on the resources of organizations.
The Directorate of Immigration, which is responsible for the
registration of international NGOs, requires that in addition, they
provide evidence of funding for the period which they seek registration,
up to 5 years. Most funding sources are unable to guarantee funding for
multiple years. Many international NGOs are therefore forced to seek
annual
registration as they can only provide proof of financial resources for a
year at a time. The enormous time and energy necessary to put together
the registration requirements could be devoted to activities benefitting
the community.
The
contrast between the registration process for NGOs—a non-state
actor–and that of businesses—also a non-state actor–in the private
sector is striking. The business environment in Rwanda is notable for
the ease with which businesses can be registered and operate. It is one
reason for Rwanda’s economic transformation. A similar approach to the
civil society sector will yield significant economic, social and
political dividends, allowing for innovation and creativity.
contrast between the registration process for NGOs—a non-state
actor–and that of businesses—also a non-state actor–in the private
sector is striking. The business environment in Rwanda is notable for
the ease with which businesses can be registered and operate. It is one
reason for Rwanda’s economic transformation. A similar approach to the
civil society sector will yield significant economic, social and
political dividends, allowing for innovation and creativity.
As
I have stated in my first thematic report to the Human Rights Council
on best practices, registration procedures should be simple, non-onerous
and expeditious. I consider that the right to freedom of association
protects associations that are not registered and, in fact, registration
should be by choice of association members and not a pre-requisite for
the operation of associations.
I have stated in my first thematic report to the Human Rights Council
on best practices, registration procedures should be simple, non-onerous
and expeditious. I consider that the right to freedom of association
protects associations that are not registered and, in fact, registration
should be by choice of association members and not a pre-requisite for
the operation of associations.
Many
of the interlocutors I met highlighted the role of the RGB in the life
of local NGOs and faith-based organizations. Apart from registering
local NGOs, RGB also has the responsibility of monitoring whether local
NGOs and FBOs conform with domestic law. This broad language provides
unjustifiable room for RGB to interfere with the internal affairs of
local NGOs.
of the interlocutors I met highlighted the role of the RGB in the life
of local NGOs and faith-based organizations. Apart from registering
local NGOs, RGB also has the responsibility of monitoring whether local
NGOs and FBOs conform with domestic law. This broad language provides
unjustifiable room for RGB to interfere with the internal affairs of
local NGOs.
The
case of the Rwandan League for the Promotion and Defense of Human
Rights (LIPRODHOR) was brought to my attention in this regard. Of
particular concern is the partisan role that RGB reportedly played in
changing the leadership of LIPRODHOR under questionable circumstances.
Similarly, RGB was implicated in determining the leadership at the
Rwandan Collective of Leagues and Associations for the Defense of Human
Rights (CLADHO).
case of the Rwandan League for the Promotion and Defense of Human
Rights (LIPRODHOR) was brought to my attention in this regard. Of
particular concern is the partisan role that RGB reportedly played in
changing the leadership of LIPRODHOR under questionable circumstances.
Similarly, RGB was implicated in determining the leadership at the
Rwandan Collective of Leagues and Associations for the Defense of Human
Rights (CLADHO).
The
independence and ability of associations to run their internal affairs
without external interference is of paramount importance in the exercise
of the right to freedom of association. I see no justification for RGB
involving itself in leadership wrangles within local NGOs. Resolution of
such conflict should be the responsibility of the membership of the
organization and ultimately the courts, with RGB’s role purely to
endorse the leadership determined by the NGOs themselves or the courts.
As a general principle, Government’s role in the civil society sector
should mirror the role it plays in the private sector–solely that of
registering entities within the sector.
independence and ability of associations to run their internal affairs
without external interference is of paramount importance in the exercise
of the right to freedom of association. I see no justification for RGB
involving itself in leadership wrangles within local NGOs. Resolution of
such conflict should be the responsibility of the membership of the
organization and ultimately the courts, with RGB’s role purely to
endorse the leadership determined by the NGOs themselves or the courts.
As a general principle, Government’s role in the civil society sector
should mirror the role it plays in the private sector–solely that of
registering entities within the sector.
It
is abundantly evident to me that the Government of Rwanda has a clear
vision of where it wants the country to be by 2020. This vision of
development is inclusive and creates various spaces for interaction
amongst the different stakeholders. At the local level, interactions
take place in the context of Joint Action Development Forums (JADF) and
plans, and I understand that these collaborations have been fruitful.
is abundantly evident to me that the Government of Rwanda has a clear
vision of where it wants the country to be by 2020. This vision of
development is inclusive and creates various spaces for interaction
amongst the different stakeholders. At the local level, interactions
take place in the context of Joint Action Development Forums (JADF) and
plans, and I understand that these collaborations have been fruitful.
Nevertheless,
I am concerned that the development partnerships between the Government
and local and international NGOs are of a compulsory nature. This is
evidenced by the necessity of collaboration letters, action plans that
must align with the development objectives of the district, down to the
level of activities, and in some cases demands for performance contracts
to be concluded between local authorities and all NGOs. In fact, the
perception of some in Government and in the civil society sector appears
to be that NGOs are implementers of Government policy.
I am concerned that the development partnerships between the Government
and local and international NGOs are of a compulsory nature. This is
evidenced by the necessity of collaboration letters, action plans that
must align with the development objectives of the district, down to the
level of activities, and in some cases demands for performance contracts
to be concluded between local authorities and all NGOs. In fact, the
perception of some in Government and in the civil society sector appears
to be that NGOs are implementers of Government policy.
In
order to protect the autonomy and independence of NGOs, I recommend
that any partnerships between Government and civil society be voluntary
rather than compulsory. In the development field, NGOs should be able to
determine and operate within their priority areas of concern without
interference or direction by authorities. This does not preclude areas
that authorities do not consider to be a priority. The power of
innovation is enhanced through openness. A multiplicity of interventions
and approaches will serve to strengthen the capacity of the sector to
respond to the needs of their beneficiaries and ultimately, to Rwandans
as a whole.
order to protect the autonomy and independence of NGOs, I recommend
that any partnerships between Government and civil society be voluntary
rather than compulsory. In the development field, NGOs should be able to
determine and operate within their priority areas of concern without
interference or direction by authorities. This does not preclude areas
that authorities do not consider to be a priority. The power of
innovation is enhanced through openness. A multiplicity of interventions
and approaches will serve to strengthen the capacity of the sector to
respond to the needs of their beneficiaries and ultimately, to Rwandans
as a whole.
Iam also concerned by the stigmatization of local and international NGOs
that has persisted in State-controlled media, and from Government
officials, especially following the decisions of some donor agencies to
channel funding for development through NGOs. While there should be
transparency between donors and the State with regard to the sectors
they are supporting and how much, the same approach the State takes to
the private sector—which is regarded as a key actor in
development—should obtain. Moreover, labelling of civil society actors
who are critical of the Government as enemies of the State compromises
their safety.
Let
me also urge the Government to urgently complete its investigations, in
a transparent way, into the death of Mr Gustave Sharangabo Makonene
from Transparency International-Rwanda murdered in July 2013. As long as
the circumstances of his death remain unclear, this case has a chilling
effect on the NGO community in Rwanda.
me also urge the Government to urgently complete its investigations, in
a transparent way, into the death of Mr Gustave Sharangabo Makonene
from Transparency International-Rwanda murdered in July 2013. As long as
the circumstances of his death remain unclear, this case has a chilling
effect on the NGO community in Rwanda.
Political parties
Concerning
political parties, I have observed a lack of space for individuals to
express dissenting views. The Government of Rwanda favours “consensus
politics” and discourages public criticism and dissent. I am concerned
that there is no genuine pluralistic society.
political parties, I have observed a lack of space for individuals to
express dissenting views. The Government of Rwanda favours “consensus
politics” and discourages public criticism and dissent. I am concerned
that there is no genuine pluralistic society.
Indeed
it appears that every dissenting political leader who rejects this
consensus approach gets into legal trouble, with negations of the
genocide, divisionism, sectarianism, and even spreading rumors being the
favoured charges. In other cases, corruption charges for those who
leave the RPF are preferred. And in all such cases, these politicians
are accused of violence or having links with violent groups. This sends a
chilling and unacceptable message that peaceful public disagreement
with the Government is equivalent to criminality. The legitimate combat
against terrorism, and other security considerations, should not be used
as a bogeyman to restrict the right to freely associate.
it appears that every dissenting political leader who rejects this
consensus approach gets into legal trouble, with negations of the
genocide, divisionism, sectarianism, and even spreading rumors being the
favoured charges. In other cases, corruption charges for those who
leave the RPF are preferred. And in all such cases, these politicians
are accused of violence or having links with violent groups. This sends a
chilling and unacceptable message that peaceful public disagreement
with the Government is equivalent to criminality. The legitimate combat
against terrorism, and other security considerations, should not be used
as a bogeyman to restrict the right to freely associate.
This
is the case of Ms Victoire Ingabire, Mr Sylvain Sibomana and Mr Anselme
Mutuyimana from the FDU Inkingi, an opposition party denied
registration to date, as well as of Mr Bernard Ntaganda from the PS
Imberakuri. They were all sentenced from 4 to 15 years on similar
charges. The sentences of 5 years and more will ban them from ever
holding leadership positions in any political organization, according to
the Law governing political organizations and politicians. And in all
these cases, I was informed that they were being pressured to leave
their parties and join the RPF or its allied parties.
is the case of Ms Victoire Ingabire, Mr Sylvain Sibomana and Mr Anselme
Mutuyimana from the FDU Inkingi, an opposition party denied
registration to date, as well as of Mr Bernard Ntaganda from the PS
Imberakuri. They were all sentenced from 4 to 15 years on similar
charges. The sentences of 5 years and more will ban them from ever
holding leadership positions in any political organization, according to
the Law governing political organizations and politicians. And in all
these cases, I was informed that they were being pressured to leave
their parties and join the RPF or its allied parties.
History
teaches us that not allowing peaceful dissent and branding a criminal
every politician who resists the consensus approach, increase the
attractiveness of alternative ways of dissent that are not helpful to
Rwanda, or its people. I was therefore heartened to hear the Justice
Minister’s assurance which I hope can be implemented that: “if you are
dissenting peacefully, please go ahead.”
teaches us that not allowing peaceful dissent and branding a criminal
every politician who resists the consensus approach, increase the
attractiveness of alternative ways of dissent that are not helpful to
Rwanda, or its people. I was therefore heartened to hear the Justice
Minister’s assurance which I hope can be implemented that: “if you are
dissenting peacefully, please go ahead.”
Rwanda
favours a political order based on consensus led by the ruling party.
The Government and Parliament seem to agree that Rwanda needs to be more
cautious with political parties than with NGOs, given its recent
history. But 20 years since the Genocide, the successful reconstruction
of the Rwandan State should provide confidence to the Government that it
can and should allow peaceful dissent and disagreement. Whether
political parties decide to align with the Government is their choice,
but this should not be compulsory in law or in fact.
favours a political order based on consensus led by the ruling party.
The Government and Parliament seem to agree that Rwanda needs to be more
cautious with political parties than with NGOs, given its recent
history. But 20 years since the Genocide, the successful reconstruction
of the Rwandan State should provide confidence to the Government that it
can and should allow peaceful dissent and disagreement. Whether
political parties decide to align with the Government is their choice,
but this should not be compulsory in law or in fact.
On
registration of parties, in addition to the barriers opposition
political parties face when required to hold general assemblies to
define their status, the overall process is long, laborious and, in far
too many instances, arbitrary. Technical reasons can never justify a
4-year delay to register, as it has been the case for the Green
party.
registration of parties, in addition to the barriers opposition
political parties face when required to hold general assemblies to
define their status, the overall process is long, laborious and, in far
too many instances, arbitrary. Technical reasons can never justify a
4-year delay to register, as it has been the case for the Green
party.
In
addition, it is crucial that individuals exercising the right to
associate, including opposition party members, are able to operate
freely and without fear. State officials’ public comments celebrating
the killing of an opposition politician inculcate fear within the
opposition.
addition, it is crucial that individuals exercising the right to
associate, including opposition party members, are able to operate
freely and without fear. State officials’ public comments celebrating
the killing of an opposition politician inculcate fear within the
opposition.
Now
turning to the National Human Rights Commission of Rwanda, I note the
work it has undertaken in promoting and protecting human rights in the
country. However, relevant stakeholders should take adequate measures to
enhance the independence and capacity of the Commission.
turning to the National Human Rights Commission of Rwanda, I note the
work it has undertaken in promoting and protecting human rights in the
country. However, relevant stakeholders should take adequate measures to
enhance the independence and capacity of the Commission.
I
call on the Office of the High Commissioner for Human rights and the
United Nations Development Programme to continue their efforts to
strengthen the capacity of civil society to engage on human rights
issues, without using State bodies as intermediaries. I also urge them
to continue their work capacitating State officials to meet their
obligations under international law. I further call on the international
community to especially continue providing political and financial
support to genuinely independent NGOs.
call on the Office of the High Commissioner for Human rights and the
United Nations Development Programme to continue their efforts to
strengthen the capacity of civil society to engage on human rights
issues, without using State bodies as intermediaries. I also urge them
to continue their work capacitating State officials to meet their
obligations under international law. I further call on the international
community to especially continue providing political and financial
support to genuinely independent NGOs.
To
conclude, once again, I wish to state that the above preliminary
conclusions and recommendations are shared as a friend of Rwanda. I have
offered, and the Government has accepted, my help to further strengthen
the exercise of the rights to freedom of peaceful assembly and of
association.
conclude, once again, I wish to state that the above preliminary
conclusions and recommendations are shared as a friend of Rwanda. I have
offered, and the Government has accepted, my help to further strengthen
the exercise of the rights to freedom of peaceful assembly and of
association.
I thank you for your attention.
END
————————————————————————————————
Sur ce même sujet, le communiqué du haut commissariat de l’ONU pour les droits de l’homme: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14204&LangID=E
Twenty years after genocide, Rwanda should pave the way towards peaceful dissent – UN expertKIGALI
/ GENEVA (28 January 2014) – United Nations Special Rapporteur Maina
Kiai commended the Rwandan Government on its economic development in the
20 years since the 1994 genocide, but urged that undue restrictions on
the freedoms of peaceful assembly and association be lifted so that the
country can expand its achievements to the fields of multiparty
democracy and human rights.
“I commend Rwanda for its remarkable progress in developing
infrastructure, building institutions and ensuring stability and
security over the past 20 years,” Mr Kiai said* at the end of his first
official visit to the country. “These efforts have laid the foundation
for a bright future for Rwanda.”
/ GENEVA (28 January 2014) – United Nations Special Rapporteur Maina
Kiai commended the Rwandan Government on its economic development in the
20 years since the 1994 genocide, but urged that undue restrictions on
the freedoms of peaceful assembly and association be lifted so that the
country can expand its achievements to the fields of multiparty
democracy and human rights.
“I commend Rwanda for its remarkable progress in developing
infrastructure, building institutions and ensuring stability and
security over the past 20 years,” Mr Kiai said* at the end of his first
official visit to the country. “These efforts have laid the foundation
for a bright future for Rwanda.”
“The
next step is to build upon that foundation by developing a true
multiparty democracy and allowing space for peaceful dissent,” stressed
the independent expert charged by the UN Human Rights Council to monitor
and promote the realization of the rights to freedom of peaceful
assembly and of association worldwide.
next step is to build upon that foundation by developing a true
multiparty democracy and allowing space for peaceful dissent,” stressed
the independent expert charged by the UN Human Rights Council to monitor
and promote the realization of the rights to freedom of peaceful
assembly and of association worldwide.
Freedom of peaceful assembly
The
Rwandan Constitution guarantees freedom of peaceful assembly, but the
Special Rapporteur said he found that in practice, peaceful protests
criticising government policies were generally not allowed. He also
noted a “contradiction in requiring both prior notification and
authorisation, paving the way for arbitrary decisions by the
authorities.”
Rwandan Constitution guarantees freedom of peaceful assembly, but the
Special Rapporteur said he found that in practice, peaceful protests
criticising government policies were generally not allowed. He also
noted a “contradiction in requiring both prior notification and
authorisation, paving the way for arbitrary decisions by the
authorities.”
“Let
me emphasize that peaceful assemblies should not be feared,” the human
rights expert said. “Rather they should be encouraged. There is value in
expressing disagreement and differences peacefully and publicly.”
me emphasize that peaceful assemblies should not be feared,” the human
rights expert said. “Rather they should be encouraged. There is value in
expressing disagreement and differences peacefully and publicly.”
Freedom of association
Rwanda’s
constitution also guarantees the right to freedom of association, but
Mr Kiai said that in practice, there are onerous obstacles to
registration, limits on civil society’s freedom to operate in certain
fields, and government interference in the internal affairs of groups
deemed too critical of official policy.
constitution also guarantees the right to freedom of association, but
Mr Kiai said that in practice, there are onerous obstacles to
registration, limits on civil society’s freedom to operate in certain
fields, and government interference in the internal affairs of groups
deemed too critical of official policy.
The
Special Rapporteur also noted concern from many people that the body
charged with regulating local NGOs, the Rwanda Governance Board (RGB),
interfered in the internal affairs of some organizations.
Special Rapporteur also noted concern from many people that the body
charged with regulating local NGOs, the Rwanda Governance Board (RGB),
interfered in the internal affairs of some organizations.
“The
independence and ability of associations to run their internal affairs
without external interference is of paramount importance in the exercise
of the right to freedom of association,” he said. “I see no
justification for RGB involving itself in leadership wrangles within
local NGOs.”
independence and ability of associations to run their internal affairs
without external interference is of paramount importance in the exercise
of the right to freedom of association,” he said. “I see no
justification for RGB involving itself in leadership wrangles within
local NGOs.”
The
independent expert drew attention to the “striking difference between
the registration process for NGOs and businesses.” Civil society groups
can take months to register, while businesses can be formed in six hours
or less.
independent expert drew attention to the “striking difference between
the registration process for NGOs and businesses.” Civil society groups
can take months to register, while businesses can be formed in six hours
or less.
“The
ease with which businesses can be registered and operate in Rwanda is
notable. It is one reason for the country’s economic transformation,” Mr
Kiai said. “A similar approach to the civil society sector would yield
significant economic, social and political dividends, allowing for
innovation and creativity.”
The Special Rapporteur observed “a lack of space” for individuals to
express dissenting views in the political realm, due to the Government
favouring a type of “consensus politics” that strongly discourages
public criticism. Registration of political parties, he said, is also
“long, laborious and, in far too many instances, arbitrary.” The Green
Party, for example, spent four years securing its registration. Other
key opposition parties remain unregistered.
“Every dissenting political leader who rejects this consensus approach
appears to get into legal trouble, with the most common charges being
denying the genocide, sectarianism, corruption, and even spreading
rumours,” Kiai said. “In all such cases, these politicians are accused
of violence or having links with violent groups. This sends a chilling
and unacceptable message that peaceful public disagreement with the
Government is equivalent to criminality.”
ease with which businesses can be registered and operate in Rwanda is
notable. It is one reason for the country’s economic transformation,” Mr
Kiai said. “A similar approach to the civil society sector would yield
significant economic, social and political dividends, allowing for
innovation and creativity.”
The Special Rapporteur observed “a lack of space” for individuals to
express dissenting views in the political realm, due to the Government
favouring a type of “consensus politics” that strongly discourages
public criticism. Registration of political parties, he said, is also
“long, laborious and, in far too many instances, arbitrary.” The Green
Party, for example, spent four years securing its registration. Other
key opposition parties remain unregistered.
“Every dissenting political leader who rejects this consensus approach
appears to get into legal trouble, with the most common charges being
denying the genocide, sectarianism, corruption, and even spreading
rumours,” Kiai said. “In all such cases, these politicians are accused
of violence or having links with violent groups. This sends a chilling
and unacceptable message that peaceful public disagreement with the
Government is equivalent to criminality.”
The
human rights expert highlighted the cases of Ms Victoire Ingabire, Mr
Sylvain Sibomana and Mr Anselme Mutuyimana from the FDU Inkingi, an
opposition party that has been unable to register to date, as well as of
Mr Bernard Ntaganda from the PS Imberakuri. They have all been
sentenced from four to fifteen years in prison on similar charges.
During his eight-day visit, Mr Kiai met State officials, members of the
judiciary and of Parliament, representatives of the National Human
rights Commission, members of civil society, and the diplomatic
community.
The Special Rapporteur will present a final report on his visit to the
Human Rights Council during its 26th session in June 2014.
human rights expert highlighted the cases of Ms Victoire Ingabire, Mr
Sylvain Sibomana and Mr Anselme Mutuyimana from the FDU Inkingi, an
opposition party that has been unable to register to date, as well as of
Mr Bernard Ntaganda from the PS Imberakuri. They have all been
sentenced from four to fifteen years in prison on similar charges.
During his eight-day visit, Mr Kiai met State officials, members of the
judiciary and of Parliament, representatives of the National Human
rights Commission, members of civil society, and the diplomatic
community.
The Special Rapporteur will present a final report on his visit to the
Human Rights Council during its 26th session in June 2014.
(*) Check the full end-of-mission statement by the Special Rapporteur: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14201&LangID=E
ENDS
Mr
Maina Kiai (Kenya) took up his functions as the first Special
Rapporteur on the rights to freedom of peaceful assembly and of
association on May 2011. Mr Kiai has been Executive Director of the
International Council on Human Rights Policy; Chair of the Kenya
National Human Rights Commission; Africa Director of the International
Human Rights Law Group; and Africa Director of Amnesty International. As
Special Rapporteur, he is independent from any Government or
organization and serves in his individual capacity.
Maina Kiai (Kenya) took up his functions as the first Special
Rapporteur on the rights to freedom of peaceful assembly and of
association on May 2011. Mr Kiai has been Executive Director of the
International Council on Human Rights Policy; Chair of the Kenya
National Human Rights Commission; Africa Director of the International
Human Rights Law Group; and Africa Director of Amnesty International. As
Special Rapporteur, he is independent from any Government or
organization and serves in his individual capacity.
Learn more, log on
to: http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx
to: http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/SRFreedomAssemblyAssociationIndex.aspx
UN Human Rights, Country Page – Rwanda: http://www.ohchr.org/EN/countries/AfricaRegion/Pages/RWIndex.aspx
For more information and media requests, please contact Guillaume Pfeifflé (+41 797 520 485 / gpfeiffle@ohchrg.org) or Karen Blanc (+41 22 917 94 00 / kblanc@ohchr.org) or write to freeassembly@ohchr.org.
For more information and media requests, please contact Guillaume Pfeifflé (+41 797 520 485 / gpfeiffle@ohchrg.org) or Karen Blanc (+41 22 917 94 00 / kblanc@ohchr.org) or write to freeassembly@ohchr.org.
For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)
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
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
