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TITLE: RWANDA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
RWANDA
Rwanda is governed by an interim Government under a
powersharing arrangement in which President Juvenal Habyarimana
retains predominant executive, legislative, and judicial
authority in accordance with the 1991 Constitution.
Responsibility for day-to-day government operations rests with
a five-party coalition Government headed by a Prime Minister
from an opposition party.
The interim Government took a major step forward in its
promised transition to multiparty democracy when it signed a
Peace Accord on August 4 with the Rwandan Patriotic Front
(RPF), ending 3 years of war. The Peace Accord, the result of
more than a year of intense negotiations between the two sides,
is designed to overcome the major cause of the war, ethnic
rivalry between Hutus and Tutsis, who comprise about 85 and 14
percent of the population respectively. The United Nations
Security Council voted on October 5 to send a peacekeeping
force to Rwanda to assist in the implementation of the Accord.
The Peace Accord had not been implemented by year's end, but,
when implemented, will shift many presidential powers to a new
multiparty government, create a transition national assembly
composed of deputies appointed by 17 political parties, and
establish a joint high command for an integrated (government
and RPF) army and gendarmerie. The establishment of these
transition institutions will usher in a 22-month transition
period intended to end with multiparty elections.
The Peace Accord calls for an integrated army and gendarmerie
composed of 60-percent government and 40-percent RPF forces.
Rwanda's security apparatus consists of the Armed Forces (FAR),
including the army, responsible for external security, and the
gendarmerie, responsible for internal security; the local
police; and the internal and external intelligence services. A
National Security Council, consisting of the Ministries of
Defense, Interior, and Justice, which are responsible for these
services, coordinates the activities of the security
institutions. In the wake of renewed hostilities between the
Government and the RPF in February, members of both armies
committed serious human rights abuses against civilians.
The overwhelming majority of Rwandans are subsistence farmers.
The modest industry and food production has barely managed to
keep pace with the high population growth rate. The economy
depends heavily on exports of coffee and tea, and on foreign
aid. Rwanda has an agreement with the World Bank and the
International Monetary Fund for a structural adjustment
program, but the war has disrupted economic recovery; and
economic growth remains dependent on postwar economic recovery.
Human rights abuses that plagued the first quarter of 1993
diminished considerably as the peace process progressed toward
the signing of the Peace Accord and its implementation. Those
abuses stemmed from dissatisfaction on the part of the former
sole party, the National Revolutionary Movement for Development
(MRND), over the powersharing arrangement agreed to on January
9 between the multiparty Government and the RPF. That
dissatisfaction triggered ethnic violence that killed over 300
persons and displaced 4,000 persons, mainly minority Tutsis and
opposition political party members. Citing this violence as a
cease-fire violation, the RPF attacked in February, killing a
number of civilians, mostly Hutus, including some who were
politically prominent. In withdrawing, government soldiers
looted, raped, and killed a number of civilians. The February
fighting temporarily displaced another 600,000 people, bringing
the total number of those displaced by war to nearly 1 million.
During this same period, security forces responsible for
civilian safety outside the war zone occasionally arrested,
beat, and sometimes tortured and killed persons suspected of
sympathy with the RPF. Early in the year, an international
commission composed of 10 specialists from various countries
investigated past and present human rights abuses. The
commission's report, issued in March, and the unresolved
political killings in May and August of a prominent politician
and a well-known local government official kept alive fears of
the possible existence of a death squad. As installation of
the broad-based government approached following signing of the
August 4 Peace Accord, sporadic incidents of violence claimed
the lives of several civilians in widely scattered rural areas.
Despite the disruptions of the first quarter, the Government
was able subsequently to hold elections in many localities
based on competition among multiple candidates from different
political parties, including the RPF. Opposition parties won
about half of those local elections. Women, however, are
poorly represented in the present and emerging political
system. They face extensive legal and societal discrimination
and are often victims of domestic violence. In the first
quarter, they were frequently victims of rape by soldiers.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from
a. Political and Other Extrajudicial Killing
There were extensive political and other extrajudicial killings
in the ethnic and political violence which erupted in
northwestern Rwanda in January following discontent over the
powersharing agreement between the Government and the RPF. The
violence, which targeted Tutsis and supporters of political
parties other than the MRND, resulted in over 300 deaths and
the temporary displacement of 4,000 persons. Youth from the
MRND and their ally, the Coalition for the Defense of the
Republic (CDR), were responsible for carrying out many of the
killings. Women and children were among the victims. (See also
Section 1.g.)
Subsequently, under pressure from the RPF in peace talks, the
Government removed several local and regional officials for
suspected involvement in this ethnic and political violence.
However, an interministerial commission found that local
authorities had, by and large, responded appropriately to the
violence, and the Government took little disciplinary action.
It reassigned many of these local officials to important posts,
and none had been brought to trial on either civil or criminal
charges by year's end.
In the aftermath of the ethnic violence in the first quarter,
the authorities charged about 400 persons with arson or
murder. Approximately one-third of these had been tried by
year's end, and 77 were convicted in trials generally believed
to be fair, with sentences ranging from prison terms to the
death penalty.
The RPF was guilty of political and extrajudicial killings
during its February offensive, including targeting local
officials such as judges (see Section 1.g.).
Following the RPF attack, persons suspected of being RPF
sympathizers, usually Tutsis but sometimes opposition party
members, lost their lives at the hands of the Rwandan military
or other party members. Human rights organizations documented
cases north of Kigali, just south of the war front, where the
military shot to death Tutsis, sometimes whole families or
sometimes just the men, usually at checkpoints. Other cases
indicated that the military beat to death detainees, usually
held for lacking proper identification, including at least five
detainees in a military camp in central Kigali. Gendarmes
abducted three Tutsi (Bagogwe) students from the campus of an
Adventist University in February. Their bodies, along with two
others, were subsequently found near the school. Human rights
monitors reported that as many as four unclaimed bodies,
showing signs of beatings or bullet wounds, were buried in
Kigali each day in late February. Most of these extrajudicial
killings remain unsolved, although a military court has
convicted some soldiers for vengeance killings.
Allegations of the existence of Rwandan death squads
persisted. In May unknown assailants killed a prominent
opposition politician and in August a well-known local
official. A report in March from an International Commission
of Inquiry into Violations of Human Rights in Rwanda since
October 1, 1990, also gave some support to these allegations.
The Commission, comprised of human rights monitors from eight
countries, spent 2 weeks in Rwanda in January, and its report
identified individuals suspected of involvement in death squad
activity. Several persons identified in the report
subsequently denied the allegations, and the credibility of one
of the Commission's witnesses, who claimed he had participated
in death squad activities, had not been established by year's
end.
b. Disappearance
Local human rights monitors documented at least 10
disappearances in 1993. Most cases involved individuals
suspected of being RPF sympathizers who were last seen in the
custody of gendarmes or government military personnel or are
believed to have been arrested or abducted by government
authorities. In one case, a returning Rwandan refugee of Tutsi
origin was stopped and questioned by MRND youth and
subsequently beaten and taken to a gendarme brigade
headquarters in Kigali on suspicion of being an RPF
sympathizer. He has not been seen since. In addition to these
documented cases, local human rights organizations looked into
several other cases of reported disappearances. In most cases,
however, the local human rights monitors were unable to verify
that the individuals existed.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture, although not explicitly outlawed, is contrary to the
Constitution and Peace Accord, which together constitute the
fundamental law of the land.
Early in the year, security forces sometimes used torture as
part of interrogations. During the first quarter, their
mistreatment of civilians, especially Tutsis, increased
sharply. Security forces responsible for civilian safety
outside the war zone occasionally arrested, beat, tortured, and
killed persons suspected of sympathy with the RPF (see Section
1.a.). These abuses decreased markedly after the Minister of
Defense ordered an end to abusive behavior at military
checkpoints.
There were many incidents of arbitrary beatings by security
forces and political party youth groups in the politically
charged atmosphere of January and February. In January MRND
and CDR youth blocked roads and attacked Tutsis and political
opponents in the northeast of the country. In one case,
MRND/CDR youth beat Rwandan employees of Care International in
their homes for suspected sympathy with the RPF. Local
security forces did not intervene to end the violence.
Government soldiers frequently raped women and high school
girls as they withdrew from the front in the face of the RPF
advance (see also Sections 1.g. and 5).
Credible reports indicate that one gendarme in the gendarmerie
interrogation unit, which was trained in non-abusive
interrogation techniques in 1992, tortured at least five
persons in 1993. One victim, a soldier detained in a military
camp on suspicion of attempted assassination, was later
transferred to the Kigali prison and released after being
acquitted of illegally carrying a grenade. The gendarme was
transferred to another post after human rights watchers alerted
superiors to his behavior.
Prisons are overcrowded, poorly maintained, and occasionally
the site of deadly violence among prisoners. Delegates of the
International Committee of the Red Cross (ICRC) have regular
access to prisoners and gendarme brigades. ICRC also has
access to military camps but not to detainees, if any, held
there.
d. Arbitrary Arrest, Detention, or Exile
Except for suspects caught in the act of committing crimes, the
law requires that arrests be made with a warrant following an
investigation. Under the law, persons may be detained for no
more than 48 hours without a warrant. Within 5 days of arrest,
charges must be stated formally in the defendant's presence, or
the Court of Appeals must approve a public prosecutor's request
for a 30-day preventive detention order.
Preventive detention is permitted if public safety is believed
to be threatened, if the accused might flee, or if the penalty
carries a minimum sentence of 6 months. Detention may be
prolonged indefinitely, but judicial review is mandatory every
30 days. Detainees may appeal their incarceration, and the
appeal must be heard within 24 hours by a competent judicial
authority. These procedures apply to all persons suspected of
crimes and are generally respected in practice. Failure to
meet any of these requirements constitutes grounds for release
of the arrested person and dismissal of the case. Bail is not
available under Rwandan law, but suspects are often released on
their own recognizance pending trial.
During February, following resumption of hostilities between
government forces and the RPF, the military arrested and
detained a number of civilians, usually Tutsi, suspected of
complicity with the RPF. They were detained temporarily by the
military in military camps in Gisenyi, Gitarama, and Kigali,
allegedly for not having proper identification papers.
Intervention by the Minister of Defense or action by human
rights groups generally resulted in the release of these
detainees or their transfer to civilian prisons. These arrests
were not widespread, as was the case after the outbreak of war
in 1990, and the judicial system was not involved.
There are no known cases of politicians or journalists being
arrested or detained in 1993 for expressing views critical of
the Government. No action has been taken in the security cases
pending since 1992 against three journalists who remain at
liberty. Illegal detentions in criminal cases continue to be
common due to delays in processing and unfamiliarity of
untrained magistrates with judicial procedures.
Pretrial detainees, who comprise the majority of prisoners, may
wait for a year or more for a court date due to the backlog of
cases. There are no known cases of political detainees still
in custody, either in prisons or military camps. Following the
signing of the Peace Accord, the ICRC returned 12 prisoners of
war (POW's) held by the RPF to the Government and the
Government returned 6 POW's to the RPF.
Exile is not practiced as a form of punishment. However,
thousands of Rwandans, mainly Tutsi, have been in exile for
over 30 years in neighboring countries and abroad. Between
2,000 and 4,000 such exiles or their children comprised the RPF
invasion force in October 1990. The Peace Accord incorporates
into law the right of return; a December 1991 law grants
blanket amnesty to refugees and exiles who choose to repatriate.
e. Denial of Fair Public Trial
The judicial system has separate court systems for
criminal/civil cases and military cases. Decisions may be
appealed to the appropriate regional court of appeals. At the
request of counsel or of defendants, the Cour de Cassation will
review civil and criminal cases for errors in procedure or in
the application of the law. Errors can result in retrial by
another panel of judges. The State Security Court, abolished
by the Peace Accord, had been defunct since the coalition
Government announced its abolition in mid-1992.
The judicial system is susceptible to government influence and
manipulation. Although the Constitution provides for an
independent judiciary, it also makes the judicial system
dependent on the executive branch and gives the President
ultimate authority to appoint and dismiss judges. Also, the
judicial system is hampered by the low educational level of the
vast majority of judicial officials, the lack of material and
equipment for the courts, and the absence of compiled
jurisprudence.
The revitalization of the magistrature, anticipated following
passage of a law in 1992 enhancing the role of magistrates in
decisions affecting the judiciary, did not occur. Instead,
controversy over the legality of the leadership and initial
decisions of the newly constituted Superior Council of
Magistrates paralyzed the judicial system. In addition, Rwanda
had no Minister of Justice during the first 6 months of 1993.
All trials are public. Defendants are constitutionally
entitled to counsel but often are not represented at trial by
counsel because of a shortage of lawyers. There are only about
40 trained private lawyers in Rwanda, mostly in Kigali, and
approximately 100 officially recognized "legal agents" who may
represent defendants in court.
There were no known political prisoners in custody at year's
end.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the respect of privacy of
individuals, correspondence, and communications and declares
that the home is inviolable. These provisions are generally
respected, but occasionally Rwandans are subject to
interference in their private lives. During a brief period
following renewed hostilities in February, gendarmes looking
for hidden weapons entered homes in several parts of Kigali
without the required warrants, sometimes in the middle of the
night or just before dawn. The military conducted a predawn
search of homes of suspected RPF sympathizers in the commune of
Murambi in December, beating occupants in the course of
searching for weapons.
Surveillance of political parties, associations, and
individuals is not practiced.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
Both government and RPF forces committed extensive violations
of humanitarian law. A cease-fire established in July 1992
between the Government and the RPF held until February and then
was reestablished in March. During the month-long RPF
offensive, an undetermined number of deaths and injuries to
combatants and civilians occurred from artillery, mortars, and
small arms fire.
Retreating soldiers came to be regarded with fear by the
populace because of their undisciplined looting and raping.
They--not the fighting--were responsible for much of the damage
to houses, schools, and clinics in the war zone.
Both the military and the RPF are suspected of responsibility
for a "killing field" containing scores of human skeletons in
the war zone of northeastern Rwanda, in an area that changed
hands several times during the February hostilities.
The RPF committed many human rights abuses against civilians
during its February offensive. Credible reports indicate that
in the first days of the attack in the Ruhengeri area, the RPF
used grenades against groups of civilians and targeted for
death specific authorities, including several judges and a
local administrator implicated in the deaths of Bagogwe, a
Tutsi subgroup. There was no evidence, however, to support
allegations that the RPF used chemical weapons against
displaced persons or that it massacred hundreds of Rwandans
trapped behind RPF lines.
The number of displaced persons reached nearly 1 million,
600,000 displaced for the first time and 350,000 re-displaced,
some for the fourth time. A massive relief operation to assist
displaced persons was mounted by the Government, the ICRC, the
local Red Cross, international organizations, nongovernmental
organizations, and bilateral donors. Relief assistance
continued, but most of the newly displaced had returned to
their homes by the end of August, following the signing of the
Peace Accord. The combatants permitted the ICRC and the World
Food Program to bring in relief supplies from Uganda through
the combat zone before and after the February offensive,
although there were substantial interruptions.
There were also random acts of violence involving grenades,
land mines, and bomb explosions for which no one claimed
responsibility. About 50 judicial cases involving mines are
pending, but none had come to trial by year's end. Armed
robbery, often involving use of grenades, common in urban
areas, resulted in numerous deaths and injuries. Some such
robberies may have been linked to political intimidation.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press.
Except in areas experiencing violence, freedom of speech was
widely exercised by political parties, human rights
associations, the private press, and the government media.
Although the electronic media is expanding, the
government-owned and operated radio station dominates the media
and is the most important means of reaching the public. Since
the opening to a multiparty system in 1991 and the appointment
of an opposition minister to head the Ministry of Information
in 1992, the radio commonly airs opposing viewpoints, including
criticism of government policies. Political groups have
complained about being denied access for their press releases
and coverage for their political activities and positions. The
new government-owned and operated television station, which
broadcasts on weekends and now reaches 70 percent of the
country, is considered more balanced in its news coverage than
the radio.
The press, both government and private, became more
professional in its reporting and, consequently, more tolerated
by authorities and prominent individuals. Three newspapers
dominate the print media: a government-owned weekly, an
independent Catholic biweekly, and a private rural-oriented
monthly.
The press law provides for stiff penalties for insulting the
President and requires editors to file copies of each edition
of their papers with specified authorities, including the
public prosecutor, prior to distribution, but this has resulted
neither in censorship nor self-censorship. The authorities did
not arrest or detain any journalists during 1993 and took no
action against three journalists, who remain at liberty,
charged with security violations pending since 1992. Unknown
persons assassinated a television journalist in front of his
home in April, but it is unclear whether his death was
connected with his work. No one was arrested for the crime.
Another journalist, Afrika Janvier, who claimed while in
custody that he had participated in "death squad" activities,
chose to remain in prison pending appeal of his conviction for
defamation of the President.
Political, ethnic, and regional tensions often affect
professorial appointments in the national university system,
but there was no apparent ideological pressure on teaching,
research or curriculum.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly.
Permits for outdoor rallies, demonstrations, and meetings
require 6-day advance notice, but political party rallies are
routinely held throughout the country, except in combat zones,
without official interference or obstruction.
Unauthorized demonstrations in January, particularly by party
youth, both in Kigali and in the north of the country, resulted
in property damage, numerous injuries, and some deaths. After
hostilities resumed, the President called on political parties
to suspend party rallies and meetings. Opposition parties
objected publicly to this proposal, but they never tested it.
Normal political activity resumed after a cease-fire was
reestablished in March.
Citizens were generally free to join the political party of
their choice, but sometimes MRND and CDR party youth used
violence against persons affiliated with a different party or
with no party (see Sections 1.a and 1.c.). Political parties,
now numbering 18, and civic associations, which have
proliferated since 1991, must register with the Ministry of the
Interior and with the Ministry of Justice, respectively. There
were no instances of registrations being denied.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution and is
generally accorded to religious communities. At the end of
1992, the Government dropped its objections to the Jehovah's
Witnesses, who are now free to practice their religion.
Christianity predominates with the largest segment of the
population adhering to Catholicism. Muslims constitute a small
minority but freely practice their religion.
There was no discrimination against foreign clergy, and no
restrictions on construction of places of worship, training of
clergy, religious publishing, or religious education.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement and residence are restricted by laws and
regulations which require all residents to hold national
identity cards and residence and work permits. Police conduct
periodic checks, especially in urban areas, and return all
those not registered in the locality to their own commune.
Property owners who do not require tenants to show valid
documentation are subject to fines and even imprisonment.
Undocumented tenants are subject to expulsion.
A nightly curfew, introduced following the outbreak of war in
1990, was extended following resumption of hostilities in
February, and then lifted after the Peace Accord was signed,
except in the former war zone. Military checkpoints, too, were
increased when hostilities resumed but nearly eliminated after
August.
Passports for foreign travel are normally obtained by Rwandans
who seek them. Following the signing of the Peace Accord, the
Government began issuing passports upon request to Rwandan
refugees and exiles. Emigration is not restricted.
The Peace Accord protocol on refugees incorporates into law the
right of refugees to return. Estimates of refugees and exiles
living in neighboring countries and elsewhere range from
500,000 to more than 1 million. Most are ethnic Tutsis, and
their descendants, who fled Rwanda in 1959 and during
subsequent ethnic violence associated with independence in
1962. Individual refugees and exiles, including some Tutsis
from Burundi, began to return in 1993, but planning continued
for organized return of those who desire government
assistance. A 1991 law grants amnesty to refugees for crimes
committed before the law went into effect.
Nearly 300,000 refugees from Burundi poured into Rwanda in
October to escape ethnic violence following the abortive coup
attempt and assassination of Melchior Ndadaye, Burundi's first
president of Hutu origin. These refugees are situated in camps
along the length of the Rwandan border with Burundi. Prior to
this recent influx, Rwanda was hosting approximately 23,000
refugees, mainly Hutus from Burundi, most of whom had fled
massacres in 1972. Most retained Burundi citizenship but were
integrated into Rwandan society. Between the time of the
Burundi President's election in June 1993 and his assassination
in October, more Burundi refugees sought repatriation than
could be immediately accommodated. During this period, almost
all who had fled to Rwanda after violence in 1988 and 1991, as
well as some who had been in Rwanda since 1972, repatriated
under the auspices of the United Nations High Commissioner for
Refugees. Some of these repatriates returned to Rwanda after
the coup attempt, having lost family members in the subsequent
ethnic violence.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens did not have the ability to change their government
through democratic means. Nevertheless, under a powersharing
agreement reached in 1992, four opposition parties participated
in a five-party coalition Government with President Habyarimana
and the former sole party, the MRND. Nearly one-quarter of the
deputies in the legislature declared themselves members of
parties other than the MRND. The Peace Accord, which had not
gone into full effect by the end of the year, defers
nationwide, multiparty elections for President and Parliament,
called for under the 1991 Constitution, until the end of the
22-month transition period.
The U.N. Security Council voted on October 5 to send a new U.N.
force to Rwanda to assist with implementation of the Peace
Accord. The U.N. mission will be responsible for assisting in
providing security for Kigali so that the broad-based
government can be installed, for monitoring government and RPF
observance of the cease-fire and adherence to the Peace Accord
provisions on the integration of the armed forces, for
assisting in providing security for returning refugees, and for
monitoring the security situation in the period leading up to
elections.
The Peace Accord signed in August and the 1991 Constitution
together constitute the Fundamental Law of Rwanda. The Accord
calls for President Habyarimana to remain President during the
transition period with the prime minister to come from a
different political party. Government ministers and deputies
in the 70-person legislature, the transition national assembly,
are to be named by their political parties to positions
distributed among the parties according to formulas worked out
at the peace negotiations. Six parties, including the RPF,
will comprise the government and 17 parties are authorized to
hold seats in the legislature (two parties declined). The
enlarged transition government will be responsible for
developing an electoral law, establishing an electoral
commission, and drafting a new constitution, to be submitted to
national referendum.
There are no legal restrictions on the participation of women
in political life, but women are poorly represented in politics
and government. Three women held ministerial portfolios,
including that of Prime Minister, and several, representing
different parties, served as deputies in the legislature.
Toward the end of the year, political parties began selecting
deputies to be named to the new transition national assembly.
While the selection process was not yet complete at year's end,
it appears that the new Assembly will have considerably fewer
female deputies than the previous legislature. Former female
deputies report that their chances of competing on an equal
footing with men within a competitive party system are nil.
Although there are no legal restraints to their participation
in the political process, the Twa (Pygmies) are not represented
in key positions, including any in Rwanda's emerging political
parties.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Rwanda has nine human rights organizations, five formed in 1990
and 1991 and four formed in 1993. Those formed earliest, which
have joined together in a consortium, regularly investigate
allegations of human rights abuses, make representations to
public officials, publish press releases and reports of
investigations, and generally seek redress on behalf of
victims. These organizations have been instrumental in
alerting officials to abuses of authority and in prompting
early interventions to redress or contain ethnic violence,
arbitrary arrest, or torture (see Sections 1.a. and 1.d.).
While their work was generally unhindered, individual human
rights monitors experienced intimidation and sometimes violent
harassment from unidentified sources. For example, an unknown
assailant attempted to assassinate human rights monitor
Alphonse Nkubito on November 14. He sustained injuries from
grenade fragments. Local officials in some areas where abuses
occurred prevented access to human rights monitors or warned
citizens against talking to them. Prominent human rights
monitors frequently received threatening anonymous phone calls.
The more recently formed associations trace all human rights
problems in Rwanda to the war launched by the RPF in 1990, a
view shared by the MRND and authorities supportive of the
President. They were largely inactive, but one published a
commentary criticizing the International Human Rights
Commission's findings (see below). A National Human Rights
Commission with investigative authority, called for in the Rule
of Law Protocol of the Peace Accord, has yet to be established.
Rwanda cooperates with outside governmental and nongovernmental
human rights groups. In January an "International Commission
of Inquiry on Violations of Human Rights in Rwanda since
October 1, 1990," composed of experts from eight countries,
spent 2 weeks investigating past and then-current human rights
abuses. Its report, released in March, accused government
officials, including President Habyarimana, of responsibility
for massacres. In response, the President and Prime Minister
issued a joint statement acknowledging past wrongs and setting
forth proposals for preventing future abuses. There has been
minimum followup.
Rwandan human rights monitors are in frequent contact with
international human rights groups and receive considerable
financial support from abroad. The International Committee of
the Red Cross (ICRC) continued to have unrestricted access to
prisons and gendarmeries, but the Government again denied the
ICRC request for access to detainees, if any, in military camps.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution provides that all citizens are equal before
the law, without any discrimination because of race, color,
origin, ethnicity, clan, sex, opinion, religion, or social
standing. Rwanda's political parties' law bans parties based
on ethnic origin or religious affiliation. In practice, a
number of groups experience discrimination.
Women
Despite Constitutional provisions, women continue to face
serious de facto discrimination. Women play only a minor role
in political life and the modern economy and traditionally
perform most of the subsistence farming. They have limited
opportunities for education, employment, and promotion.
According to a 1991 U.N. study, females receive only 33 percent
of the schooling of males. In support of women's rights,
President Habyarimana encouraged family planning, and a new
Family Code went into effect in 1992. The Code generally
improves the legal position of women in marriage, divorce, and
child custody, but it still does not meet Rwanda's
international and constitutional commitments to gender
equality. For example, it formally recognizes men as heads of
households. Also, the absence of succession laws limits a
woman's right to property, thus jeopardizing her status and
ability to provide for her family, should she survive her
husband.
Violence against women, including wife beating, occurs and is
thought to be widespread. Cases involving domestic violence
rarely come before the courts. Instead, wife beating and
domestic violence are normally handled within the context of
the extended family. A woman seeking family help is generally
thought to be seeking advice about how to improve her conduct.
Only if family counseling fails is the matter likely to be
taken to outside entities, such as the courts, and divorce is
usually the next step. Although the number of groups promoting
women's interests have proliferated since the opening to
democracy, none addresses directly the issue of violence
against women.
Rape became a major issue as soldiers left the front following
renewed hostilities in February (see Section 1.c.).
Children
The Government does not have a specific policy nor any
resources earmarked for children's welfare.
By law, the State is required to pay for the education of
orphans, prohibit imprisonment of minors with adults, protect
minors from labor exploitation, and provide for a foster parent
system. In practice, funds and oversight mechanisms to
implement these programs do not exist.
Indigenous People
Less than 1 percent of the population comes from the Twa ethnic
group. These indigenous people, survivors of the Pygmy tribes
of the mountainous forest areas bordering Zaire, exist on the
margins of society and continue to be treated as second-class
citizens by both Hutus and Tutsis. The Twa have not been able
to protect their interests which center on access to land and
housing. Few Twa have gained access to the education system,
resulting in minimal representation in government structures.
National/Racial/Ethnic Minorities
Ethnicity is a sensitive issue as a result of Rwanda's ethnic
imbalance and its historical legacy. About 85 percent of the
population is Hutu, 14 percent Tutsi, and 1 percent Twa.
Citizens carry identity documents that clearly identify ethnic
origin, but the Peace Accord requires that this reference be
eliminated. A policy of ethnic quotas, which allocates
positions to ethnic group members in proportion to their
numbers, has in practice limited access of Tutsis to education,
training, and government employment. No provision is made for
the Twa. Procedures introduced by the coalition Government in
place since 1992 have reduced the impact of the quota system on
access to secondary school and eliminated some employment
barriers. The projected integration of government and RPF
armed forces, part of the peace settlement, would redress the
virtual absence of Tutsis in the security apparatus of the
country. Apparently as a consequence of public sector
discrimination, Tutsis are well represented in the private
sector and the clergy.
People with Disabilities
There are no laws restricting people with disabilities from
employment, education, or other state services, but in
practice, few handicapped persons have had access to education
and thus to employment. Nor are there any laws or provisions
to assure access of the disabled to public premises. The
number of handicapped is increasing among both civilians and
military injured in bomb, landmine, and grenade incidents
associated with the war or armed assaults. The military is in
the process of training war-wounded soldiers for productive
employment within or outside the military.
Section 6 Worker Rights
a. The Right of Association
The 1991 Constitution provides all Rwandans the right of
association and freedom to create professional associations and
labor unions. Union membership is open to all salaried
workers, including public sector employees, and is optional.
There are no restrictions on the right of association but all
unions must register with the Ministry of Justice for official
recognition. There are no known cases in which the Government
has denied such recognition. Unions are prohibited by law from
having political affiliations.
Organized labor represents only a small part of the total work
force; most Rwandan workers--over 90 percent--are engaged in
small-scale subsistence farming. About 7 percent of the total
labor force is employed in the modern (wage) sector, including
both public and private industrial production, and about 75
percent of those active in the modern sector are members of
labor unions.
Before 1991 the Central Union of Rwandan Workers (CESTRAR) was
the only authorized trade union organization in the country.
With the political reforms introduced by the 1991 Constitution,
CESTRAR officially became independent of the Government and the
MRND, but in practice it still has close informal ties to that
party. CESTRAR, which is a federation of 17 labor unions, has
approximately 70,000 members and represents about 42 percent of
the labor force in the modern sector.
In 1993 the Government officially recognized the Union of
Primary Schoolteachers, bringing to five the number of unions
recognized since 1991. In competing for membership with
CESTRAR, these five unions have decided to consolidate their
recruitment efforts and enhance their bargaining power by
forming a loose confederation to be called the Confederation of
Liberal Syndicates (COSYU). The other independent unions in
COSYU are: The United Association of Health Personnel in
Rwanda; the Interprofessional Union of Workers of Rwanda; the
Union of Secondary Schoolteachers; and the Association of
Christian Unions (representing public and private sector
workers, small businessmen, and some subsistence farmers).
The Constitution provides to all workers, except workers in the
public service sector, the right to strike. Union members have
the right to strike with the approval of their executive
committee, provided they first try to resolve their differences
with management according to certain steps prescribed by the
Ministry of Labor and Social Affairs. Laws prohibiting
retribution against strikers exist but have never been enforced.
In 1993 there were several strikes against public and private
sector firms. One involved workers within CESTRAR's own
executive bureau who had not been paid in several months.
Neither CESTRAR nor the other labor unions officially organized
these strikes. Workers' demands focused on wages, benefits,
and working conditions. Although the strikes were wildcat in
nature, the Government treated them as legitimate and acted as
a facilitator in the workers' negotiations with management. In
most cases, CESTRAR played a supporting role (except in its own
labor dispute).
Labor organizations may affiliate with international labor
bodies. CESTRAR is affiliated with the Organization of African
Trade Union Unity and the International Confederation of Free
Trade Unions.
b. The Right to Organize and Bargain Collectively
The Constitution grants workers the right to defend their
rights through collective action. Only CESTRAR has an
established collective bargaining agreement with the
Government. Although newly established labor unions have yet
to develop similar procedures, their members are not prevented
from engaging in collective bargaining. In practice, as most
workers are in the public sector, the Government is intimately
involved in the process (see Section 6.e. below).
There are no legal bars to antiunion discrimination, but such
discrimination has not occurred in practice. There are no
formal mechanisms to resolve complaints involving
discrimination against unions.
There are no export processing zones.
c. Prohibition of Forced and Compulsory Labor
Forced labor is prohibited by law and is not known to occur in
practice.
d. Minimum Age for Employment of Children
Except in the subsistence agriculture sector, which involves
most Rwandans, by law children under 18 are not permitted to
work without their parents' or guardians' authorization, and
they may work at night only under exceptional circumstances on
a temporary basis. Labor laws set the minimum age for full
employment at 18 years and for apprenticeships at 14 years,
providing the child has completed primary school. The Minister
of Labor, who is responsible for enforcement, has the right to
permit a child under the age of 14 to work, but this has
reportedly never been tested in practice. Enforcement of child
labor laws is lax; nevertheless, apart from children working in
family-owned businesses, child labor outside the agricultural
sector is uncommon.
e. Acceptable Conditions of Work
Minimum wage rates in the small modern sector of the economy
are set administratively by the Ministry of Labor. The minimum
wage is $1.08 (150 Rwandan francs) for an 8-hour workday. The
Government, the main employer in the country, effectively sets
most other wage rates as well. The minimum wage is inadequate
to provide a decent standard of living for urban families and
is often supplemented by work in small business or subsistence
agriculture. In practice, the minimum wage rate is
self-enforcing since workers will not work for less.
Government offices have a 40-hour workweek by law.
Negotiations between the unions, government, and management are
under way to reduce the workweek from 45 to 40 hours a week in
the private sector as well. Hours of work and occupational
health and safety standards in the modern wage sector are
controlled by law but only loosely enforced by labor inspectors
from the Ministry of Labor. Workers do not have the right to
remove themselves from dangerous work situations.
[end of document]
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