Rwanda
Preparing
for Elections: Tightening Control in the Name of Unity
Human Rights Watch Backgrounder
May 8, 2003
The
Rwandan Patriotic Front (RPF) is labeling possible political opponents
"divisionist" and taking steps to silence them in order to ensure
victory in upcoming elections. In late March President Paul Kagame
warned that he would "wound" "divisionists" who threatened to
undermine national unity and reprimanded foreign donors who give money
to "people to teach divisions." The Transitional National Assembly (TNA)
voted unanimously to recommend dissolving the second largest political
party in the country, the Mouvement Démocratique Republicain (Democratic
Republican Movement, MDR) because of its "divisionism." The MDR has
been a political ally of the RPF since 1992 and a participant in the
RPF-led unity government since it was established in 1994. Two
high-ranking military officers singled out as "divisionist" fled the
country while others were arrested or "disappeared." A deputy of the
assembly and other citizens have also "disappeared." The
government-influenced press has amplifi ed the criticisms, sometimes
attacking persons like the prime minister by name. Officials and press
alike linked "divisionism" to the prospect of another genocide, thus
heightening fears and tensions between the groups they profess to be
unifying.
Unity in
the Face of Elections
In July 1994 the
Rwandan Patriotic Front (RPF) defeated the Hutu Power government
responsible for a genocide of at least half a million Tutsi and
thousands of Hutu opposed to Hutu Power. Since that time, a
transitional government of persons named by the RPF and the other
political parties that signed the Arusha Accords has ruled the
country. The elections scheduled for late 2003 will choose a president
and legislators to replace this transitional government.
When presidential
elections were announced, no candidate sprang forward to contest the
current incumbent.1
But in early March Faustin Twagiramungu, first prime minister of the
1994 post-genocidal government and now in exile, announced his
intention to return to Rwanda to run for the presidency. His
announcement suggested the possibility of a real contest for the post.
A long-time leader of the MDR , he would be expected to draw
considerable support from among party members.
Rwandan president and RPF head Paul Kagame
threatened this rival and others in several recent speeches. On March
31 Kagame told listeners that elections would be "carried out
peacefully and in a transparent manner." But in an apparent reference
to Twagiramungu and perhaps other contenders, he continued:
I can even say that
the outcomes of these elections are known. Those elected will be
individuals who are 100 per cent in line with the current political
agenda, aimed at building the country. This will be the case, and I
am sure that it is also your view and your wish to have national
security, unity, development and democracy. Anyone who would bring
in division-because I know that the views of those who intend to
come back are based on division-will not be elected.
In the same speech
he warned that he would "wound" any who failed to understand and heed
his message against "divisionism." In a threatening metaphor, he said
that any who expected to profit from the "sorghum and corn" they had
sown-presumably a reference to political rather than agricultural
activities-should remember that "we have enough machines to crush the
grains...." In an apparent reference to the flight of several
high-ranking military officers the previous day (see below), Kagame
announced that some people would soon be fired from government posts
because they were suspected of wanting to flee the country.2
In a speech on
April 7 at the ceremony commemorating victims of genocide, Kagame
criticized the "bad policy of foreigners who support division." He
implied that by aiding civil society foreign donors helped sow
division, a theme taken up a week later by deputies in the assembly.3
The attack on "divisionism"
accelerated early in the year when authorities held a series of
workshops with local government officials in preparation for elections.
In Kibungo, the official speaker insisted on the "delicacy" of the
period and reportedly said, "Any divisionism will be smashed-not with
a hammer. But you are adults, you know what I mean." At a similar
meeting in Ruhengeri, the speaker led a kind of call and response
session much like the political "animation" meetings that were
frequent under the government of Juvenal Habyarimana (1973-1994). His
theme was that "unity" was a baby that needed to be kept at the breast
until its mother-presumably the RPF-decided it was ready to be weaned.4
Expansion
of RPF Power
During the years
of war and bitter inter-party struggle that culminated in the 1994
genocide, many Rwandan leaders manipulated ethnic and political
divisions in a desperate bid to hold on to power. With the
establishment of the new government, the RPF rejected the divisions of
the past and made unity a central focus of its policy. During the nine
years of transition it has used the need for unity to attempt to
justify increasingly tight control over political life.
The government
operates under a "Fundamental Law" (the 1991 constitution, the 1993
Arusha Peace Accords, the July 17, 1994 declaration of the RPF, and a
November 1994 agreement among political parties that divides official
posts among various political parties.) The RPF, as the victorious
military force, was dominant from the start, but there was originally
a show of parity among the leading political groups, the RPF and the
MDR, and two smaller groups, the Social Democratic Party (PSD) and the
Liberal Party (PL). Over the years, the RPF increased its official
share of posts to more accurately reflect the real extent of its
power. As of late 2002, the president of the republic, twelve of
fifteen ministers5
(and most of the secretary-generals of ministries), the chief judges
on the Constitutional Court and the Court of Cassation, the prosecutor
general of the republic, eleven of twelve governors, thirteen of
fifteen ambassadors, seven of nine heads of security services, and
nineteen of seventy-four assembly members (thirteen for the RPF, six
for its military branch, the Rwandan Defense Forces, RDF) were members
of or affiliated with the RPF.6
By mutual agreement,
all political parties are supposed to refrain from grass-roots
organizing and recruitment during the trans itional period. The RPF
has ignored this undertaking and has greatly increased its membership.
A leading RPF official admitted the increase but asserted that it
resulted from spontaneous requests to join the party which could not
be denied without restricting the individual's right to free political
association. In at least some cases, persons have joined the RPF
because they believed they had no choice and some have been threatened
with sanctions if they chose not to do so.7
In view of the coming
elections, the RPF stepped up recruitment of new members in at least
four provinces during the last week of April and the first week of
May. In several places local officials or party organizers called
people to meetings at sector offices where they were publicly
pressured to join and to get others to join the RPF. In one case,
approximately half the group agreed. Officials continued to "persuade"
those who refused to join until finally all but 20 percent of the
original number had accepted RPF membership. In a sector in another
province, people were told that they should aim to make 90 percent of
their neighbors into RPF members. One reluctant recruit said he had
initially refused to join but that he changed his mind when told that
he would otherwise be seen as a supporter of another party. He said,
"I agreed because I was afraid of being labeled a supporter of one of
the divisionist parties like the MDR or Ubuyanja."8
One RPF member said:
Those who taught
me said that the RPF is not a party but rather a family9
and that all Rwandans should be part of this family. Those who don't
join are outsiders. They are the ones who cause instability in the
country. We should build the family to prepare for elections. It
would be dangerous to be governed by someone from outside the family.
The RPF tries
particularly to recruit respected local persons, such as teachers,
medical assistants, and traders.10
Even this description gives a less than
complete picture of RPF control because the other political parties,
while permitted to exist, hardly function as vigorous autonomous
organizations. After 1994 when the National Republican Movement for
Development and Democracy (MRND) and the Coalition for the Defense of
the Republic (CDR) were banned for their role in the genocide, the
most important party left-apart from the RPF--was the MDR, but even it
had been shorn of a significant part of its strength because of the
split with the MDR-Power wing just before the genocide (see below).
The PSD had never extended its base outside southern Rwanda and the PL
was limited largely to urban areas. These parties have generally
observed the prohibition on local political activity and have done
nothing to recreate or extend their organization at grass-roots level.
Restricted to meetings at the level of the central committees, the
parties have focused on internal struggles, many of them for posts or
other form of personal gain. Such squabbling discredits party leaders
among ordinary people and weakens support both for particular parties
and for the larger concept of multiparty politics. In addition,
parties operate under the supervision of the forum of political
parties, an institution without any legal basis and dominated by the
RPF. The forum can and does intervene in such internal party matters
as designations of persons to posts, including to legislative seats,
and enforces a code of behavior on party members.
The Risk
of Multiparty Elections: The Burundi Model
Even while the RPF
agreed to work within a multiparty framework, some of its leaders
expressed serious misgivings about the risks posed by such a system.
In 1995, Kagame told a journalist that unbridled multipartyism would
result in "dividing people who are already divided," making any
long-term hope of unity and democracy impossible.11
In line with this philosophy, the government directed that candidates
for local elections in 2001 and 2002 must stand without any party
affiliation. But with the transition-already once extended-approaching
its end, Kagame promised that presidential and legislative elections
would be held, presumably with parties free to present candidates. He
also announced that elections would be by universal direct suffrage
and secret ballot.
Despite the tight
control exercised by the RPF, some soldiers and political leaders
expres sed fear that direct, secret elections might produce unexpected
results, as had a free and fair election in Burundi in 1993.12
Like Rwanda, Burundi is peopled by a large Hutu majority with Tutsi
representing a small minority of the population. The Tutsi-dominated
UPRONA party, which controlled the army and much of the
administration, presented the incumbent Pierre Buyoya as its candidate
in presidential elections. Most members expected an easy victory, but
Melchior Ndadaye, the Hutu candidate of FRODEBU, defeated Buyoya.
Torn by squabbles at the top, with its
grass-roots network atrophied, the MDR would seem to pose little
threat to the RPF. But no one can assess the residual loyalty lying
dormant among former and inactive members, a loyalty based at least in
part on a perceived link between the current MDR and the first MDR
party, the MDR-Parmehutu which led the overthrow of the Tutsi monarchy
beginning in 1959. With multiparty elections by secret ballot looming,
the easiest way to remove any possibility of an MDR upset would be to
remove the party itself.
The
Assembly Inquiry: Division and "Divisionism"
In mid-December
Deputy Abbas Mukama asked the Transitional National Assembly to
address the problem of the MDR. On December 30, 2002, the assembly
charged him and six other deputies to examine divisions within the MDR
and the role played by the party in the "divisions which had
characterized Rwandan history."13
Even before the commission began its work, the head of the MDR group
close to the RPF was predicting the abolition of the party.14
On April 14, the commission presented its report to the assembly, a
document that included a summary of thirty-five pages (in French
translation) with an annex that totaled more than 1000 pages.15
Commission members consulted government officials, "wise persons," and
at least one uni versity researcher; they also relied extensively on
various security services to provide data that was said to prove their
allegations concerning "divisionism."
The commission made
two important charges against the MDR: that it could not resolve its
own internal disputes and that it was "divisionist," promoting the
same pro-Hutu ideology originally developed by the MDR-Parmehutu party
in 1959. At one point the commission even stated explicitly that this
MDR ideology led to the 1994 genocide.16
The commission did
establish the first contention, that the MDR had been split in the
past and that it remained torn by struggles over leadership and
ideology. But such dissension violates no statute and is no reason to
dissolve a party. In describing the most recent disputes over policy
and leadership, the commission relates how government official s,
including the president of the republic, the prime minister, and the
minister of local administration intervened in matters internal to the
party and regulated by its own rules. The extent of outside official
participation in such disputes demonstrates the lack of autonomy of
the MDR.17
The very success of the commission in
confirming disputes in the MDR undercuts its second argument, that the
current party has continuously held a single ideology since 1959.
Important points in the development of the MDR include the following:
- The most important party at the start of
the new republic in 1962, the MDR-Parmehutu was abolished with other
parties by President Juvenal Habyarimana in 1975.
The MDR was reestablished in 1991 after
Habyarimana agreed to permit multipartyism again. MDR leaders at the
time affirmed a general dedication to the "light brought by MDR-
PARMEHUTU"18
but took no explicitly ethnically-based stand. Indeed, the RPF
itself had no trouble allying with the MDR first informally and then
more formally after mid-1992.
In July 1993 the MDR divided: one wing (MDR-Power)
espoused Hutu Power ideology and participated actively in the
genocide but the other, led by Twagiramungu, rejected the genocide
and remained loyal to its RPF alliance. Leaders of this part of the
MDR, including Prime Minister Agathe Uwilingiyimana, were slain by
genocidal killers and proponents of Hutu Power.
With the establishment of the new
government, the RPF welcomed the participation of the Twagiramungu
wing of the MDR. According to the commission, the MDR was seen as
one of the parties " that had "dissociated itself from the
discriminatory ideology which characterized the PARMEHUTU."19
Following pressure from official and other
political sources in 1998 and 1999, MDR leaders agreed to change
some policies and some symbols, like the party flag. To demonstrate
its openness to all Rwandans, the MDR recruited some Tutsi, two of
whom hold assembly seats.20
Contending factions within the MDR have
since disputed the extent to which agreed-to changes have been or
should be made; personal rivalries among party leaders have
complicated these substantive issues.
Unable to explain how
MDR leaders could be said to adhere to a single doctrine while
splitting over ideological issues as they did in 1993 and since 1999,
commission members were left concluding that the discriminatory
ideology was "like a drug or a lover," that is, an inescapable force
that adherents could not shake. For this there was only one remedy,
said the commission report: "remove yourself from it or all join
together to eradicate it."21
The commission did not
try to explain how the RPF managed to ally with the MDR-or at least
with a portion of the MDR-from 1991 through 2003. The record of this
twelve-year alliance is in itself sufficient to discredit the claim
that the MDR was committed to a genocidal ideology throughout that
period.
"Divisionism"
Dissected
Several of the
specific charges leveled at the MDR relate to the general claim that
its ideology is genocidal. Adherents are accused of :
- minimizing the genocide
- claiming that there had been a double
genocide in 1994, meaning that the RPF had deliberately set out to
eliminate Hutu in the same way that Hutu Power proponents had sought
to eliminate Tutsi
- opposing compensation payments to genocide
survivors
- opposing the ceremonial reburial of bodies
of genocide victims.
Beyond these
allegations related to the genocide, the commission charged MDR
members with opposing current government programs, as if any such
dissent were proof of "divisionism." It wrote, "In order for the state
to carry through its mission successfully, it should unified in its
actions."22
It said MDR members opposed such programs as administrative
decentralization, gacaca jurisdictions (popular courts to try persons
accused of genocide), and the Local Defense Force (a
government-organized paramilitary force). It claimed also that MDR
members resisted the influence of the RPF-dominated forum of political
parties.
According to the commission, MDR members
spread discontent in the army, discredited the government abroad so as
to diminish foreign assistance, and, possibly, spied for a foreign
power.
Commission members
made a final major charge against MDR members: "They have secretly
begun to teach the population to vote as was done in Burundi when they
elected Ndadaye in 1993."23
In the opening debate on the report, the head of the commission said
that some of those interviewed intended "to play the political card of
Frodebu during the elections,"24
that is to follow the Burundian model. By such comments, commission
members reveal their fear that the MDR will attract the vote of Hutu
in upcoming elections. Should a significant number of Hutu vote on
ethnic grounds, the MDR as the party historically identified with Hutu
interests would emerge the winner.
The
Accused
The commission
named forty-six persons25
as supporters of the MDR divisionist ideology, many of them important
political or administrative figures. They include one secretary of
state (forced by President Kagame to resign just before presentation
of the report), five deputies, three high-ranking military officers,
six members of the staff of the prime minister, one ambassador, a
former prefect (governor) and head of the National Public
Transportation Service. One of those named has been in jail since
January 2002 and five others live abroad, in the Democratic Republic
of Congo, Belgium, New Zealand and China (the Rwandan ambassador to
China).
In contrast to the list of charges leveled
against the party members collectively, accusations against the named
individuals amount to the one broad charge of having held or attended
meetings where the ideology criticized by the commission was allegedly
discussed. Under the heading "The Propaganda group of the MDR
Parmehutu ideology," the forty-six accused are grouped into "those who
are at the head," "those who participated rarely in meetings," and "Non-members
of the MDR who participated in meetings" and another group from the
province of Cyangugu.
The commission asked the General
Commissioner of National Police if he had proof of these meetings. He
stated:
The appropriate
services have solid proof showing that secret meetings were
organized by those who stand firm on the ideology of genocide; these
meetings aimed at mobilization on an ethnic basis, mobilization done
by young people who carry out divisionist activities everywhere out
on the hills and who spread defamatory propaganda against the
activities of the state.
26
In the 900 pages
examined by Human Rights Watch researchers, very few details are
provided concerning the alleged meetings. One meeting is supposed to
have taken place in Kibuye, but the person accused of having organized
this meeting told the assembly that the event was a social occasion.
Another person was reportedly in Europe when he was listed as
attending a meeting while another was in prison.
27
In addition to the
general charge of attending meetings, one person is accused of
suggesting the desirability of following the Burundian model from 1993
and of distributing "incendiary tracts." Several were said to have
provided advice or money to members of a young people's association
called Itara (literally, the light) or to an otherwise unidentified
association for Hutu unity. Two were simply characterized
as known extremists because of alleged activities in 1993.
28
Two of the accused
were linked to the banned Party for Democracy and Renewal-Ubuyanja (PDR-Ubuyanja).
In a hearing of the commission, the minister of internal security
stated that the group of Celestin Kabanda, listed as one of the
fifteen top MDR propagandists, had held joint meetings with members of
PDR-Ubuyanja. He said they had met at the Hotel Okapi, but that the
PDR-Ubuyanja group had met on the ground floor and Kabanda's group
upstairs in order to camouflage their collaboration.29
Not all of the
accused had a chance to be heard or to be fully heard by the
commission and one who attempted to defend himself during the assembly
debate was cut off. One deputy protested that another accused person
had never had a chan ce to defend herself.30
Flight,
Arrest, and "Disappearances"
Brig. Gen.
Emmanuel Habyarimana31,
who was minister of defense until November 2002, and Lieut. Col.
Balthazar Ndengeyinka, one of the army representatives to the assembly,
fled Rwanda on March 30, apparently after having been informed that
they would be accused of "divisionism" in the commission report.
Lieutenant Alphonse Ndayambaje accompanied them into exile. As
members of the armed forces, these officers were prohibited from
belonging to any political party.
A military
spokesperson reportedly labeled General Habyarimana "a Hutu extremist"
on BBC radio and said that he had left to join Ugandans and Rwandan
rebels in the Congo in fighting against Rwanda.32
On April 7, Foreign Minister Charles Murigande made clear in a radio
interview that the government knew that at least Habyarimana had asked
for asylum in Belgium.33
On April 1, Major Felicien Ngirabatware, a
friend of General Habyarimana and director of the Ruhengeri Military
School, was arrested and has since been held incommunicado. Military
intelligence officers have repeatedly interrogated the wives of the
three soldiers who fled and of Major Ngirabatware.
On April 3, Damien Musayidizi "disappeared"
on his way home from work. A former army sergeant, he had been Gen.
Habyarimana's secretary at the ministry of defense.
On April 4, a Kigali shopkeeper, Jean-Marie
Vianney Nkulikiyinka, was taken from his shop at about 10 p.m. by
unidentified persons and has not been heard from since. Nkulikiyinka
was not known to have played a political role but he was reportedly
linked to Dr. Hitimana, next on the list of "disappeared" persons.
On April 7, Dr.
Leonard Hitimana, a MDR deputy, "disappeared" between 8 and 9 p.m.
apparently after having left the home of another MDR deputy in the
Remera section of Kigali. The police announced that Hitimana's car had
been found near the Ugandan frontier, but his family rejected any
suggestion that he might have driven there at night, left his vehicle,
and fled across the border. Dr. Hitimana is one of those MDR members
whose record calls into question assertions about the genocidal nature
of the party. He is widely acknowledged to have tried to save Tutsi
during the genocide and has testified in trials against persons
accused of genocide.34
On April 23, Lieut.
Col. Augustin Cyiza, a demobilized officer of the Rwandan army,
formerly president of the Cour de Cassation and vice-president of the
Supr eme Court, "disappeared" after having taught a law class at the
University of Central Africa in Kigali. He failed to respond to calls
on his cellular telephone and his vehicle apparently disappeared from
the city streets. Initial inquiries to police and judicial authorities
elicited no information about his whereabouts, but some days later
police reportedly told Cyiza's family that his vehicle had been found
in the northwestern district of Butaro, near the Ugandan frontier.The
police spokesman, Tony Kuramba, told others that Cyiza's vehicle was
found in Nkumba district, adjacent to Butaro. According to witnesses,
however, his vehicle was seen the night of his "disappearance" in the
Kanombe military camp. Some military sources say that Cyiza is now
detained at the military camp Kami or at the military prison at
Mulindi.35
A university student
and cantonal judge from the court of Nyamata named Eliezer Runyaruka
left the university with Cyiza on April 23 and has also not been heard
from since. When his relatives appealed to police for information they
were reportedly told that Eliezer "had been in league with Cyiza" and
had fled the country with him. Eliezer was a Munyamulenge, a
Kinyarwanda speaking person from the Congo. The Banyamulenge are
generally counted as Tutsi. Cyiza regularly transported Eliezer to and
from the university.36
Associations and the Press
Commission members
claimed that MDR members used not-for-profit associations to
disseminate party ideology. They established that the office of the
prime minister had given 200,000 Rwandan francs ($400) and that
several other politicians had given lesser amounts to the organization
Itara, but they did not establish that the organization was related to
the MDR or even that it had a political agenda.37
According to the
founding members and officers of Itara, the organization did
construction work and other business activities to benefit young
people without other employment, particularly those who had suffered
from the genocide.38
Commission members and others referred to information from a
disgruntled former vice-president of Itara as if that proved the
claim that the organization was a front for MDR activities, but the
one letter from this person published by the commission states
merely that he was leaving Itara because
- the organization wanted to make a profit
for its members rather than conforming to its original
non-for-profit purpose
- the division of members into work groups
must be meant to hide something
- the organization engaged in discrimination
and regionalism.39
When asked by the
commission about the "discrimination" practiced by Itara, the former
vice-president complained that people hired by the organization had
all been from the province of Gikongoro. He said nothing about ethnic
discrimination.40
The extent of
the organization was also at issue. In late December 2002 Minister
of Internal Security Jean de Dieu Ntiruhungwa compared Itara to the
Interahamwe, a militia that played a major role in the 1994 genocide
and asserted that Itara numbered some 10,000 members. The
association filed a complaint with the prosecutor general of the
republic against Ntiruhungwa for having made these inaccurate
statements, but no action has yet been taken on it.41
When the General
Commissioner of National Police appeared before the commission on
February 27, he was pressed for information on the number of Itara
members. He gave no estimate but asserted that the organization was
active throughout the country. In that connection he cited the letter
described above which in fact says nothing about the size of the
organization.42
In the annex to the report, the commission published an intelligence
report stating that Itara had registered 435 young people for its work
projects.43
The Secretary General of Security Services told the commission that
Itara had ceased its activities throughout the country once the
assembly began to discuss the organization. He then added that the
Jeunesse Démocratique Republicaine (JDR)-the MDR youth organization
from the 1990's-was presen t throughout the country and that it
was "a bomb waiting to explode."44
It is unclear why he raised the JDR unless he wished to
suggest a link between that organization, which no longer officially
exists, and Itara.
Commission members
used the MDR affair as an occasion to attack the Rwandan League for
the promotion and defense of human rights (Ligue Rwandaise pour la
promotion et la defense des droits de l'homme, Liprodhor), the most
credible human rights organization in Rwanda. A balanced and
well-informed observer of the human rights situation, Liprodhor has
been repeatedly harassed by the government in the past. Its treasurer
has been imprisoned for ten months on accusations of having supported
the PDR-Ubuyanja (see below). During the debate over the MDR report,
Protais Kabanda Mitari, deputy and vice-president of the commission,
claimed that MDR members- said to be affiliated with the genocidal
MDR-Power-- collaborated with Liprodhor and that the human rights
group received money from abroad to aid the MDR efforts. According to
the commission, a local administrator from the northwest of the
country also implicated Liprodhor in MDR meetings.45
Neither the report nor the annex offered any proof to support claims
that the human rights organization was involved in MDR activities. The
commission did accuse a former employee of the organization now active
in the MDR of being a propagandist for divisionist ideology.
The commission also
mentioned two other associations but without giving any details about
their membership or supposed activities, one the National Association
of Retired People (ANR) and the other an organization for Hutu unity.46
The commission said that MDR members used newspapers like Umuseso
and Le Partisan to disseminate their ideas.47
In January 2002 Le Partisan published an article detailing RPF
efforts to control the MDR. The author of the article, Amiel Nkuliza,
was detained for several days and the MDR secretary general Pierre
Gakwandi was jailed on suspicion of having been the source of
information published in the article. Nkuliza later fled the country
and Le Partisan stopped publishing. Fifteen months later
Gakwandi remains in prison and has not been tried. Umuseso is
the one independent journal currently publishing in Rwanda. Its editor
Ismael Mbonigaba was jailed in late January 2003 for having published
an article about a possible presidential contest between Kagame and
Twagiramungu. The article, said to be "divisionist," was accompanied
by a cartoon showing Kagame in the role of King Solomon deciding the
fate of the MDR. Mbonigaba was provisionally released in late February
and has not been tried. On April 15 Mbonigaba circulated an informal
account of the MDR debate under the heading of a journal called
Indorerwamo/Le Miroir. A week later officials seized an issue of
Indorerwamo/Le Miroir that gave extensive coverage of the MDR
affair. Police said they confiscated the journal because it was new
and had failed to conform to regulations concerning the publication of
a new newspaper. The editor argued that the journal had been published
first in 1997 and again since 2002 as a supplement to
Umuseso.48
Legal
Prohibitions of "Divisionism"
The International Covenant on Civil and
Political Rights (ICCPR), to which Rwanda has been a party since 1975,
guarantees freedom of association, assembly, and speech.49
The ICCPR also provides that "advocacy of national, racial or
religious hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law."
50 This provision, however, only
reaches "advocacy," rather than, for example, the mere discriminatory
opinions of persons, and also must be interpreted in such a way as to
not undermine the basic protections of free expression or other ICCPR
rights. As defined in the provision, such "advocacy" must amount to
incitement to prohibited acts.
51 But the Siracusa Principles on th e
Limitation and Derogation Provisions in the International Covenant on
Civil and Political Rights require that any limitations on rights must
be proportionate, narrowly-tailored and the least restrictive
possible.52
The Rwandan constitution of 1991 also guarantees the right to free
speech, free assembly and free association.53
Under the Rwandan law on political parties, parties are prohibited
from discriminating on ethnic grounds. The same law provides that the
minister of the interior may suspend the activities of a party for
three months in the interest of public order and that he may also
request the court of first instance to dissolve a party whose
activities have been suspended or which has "seriously violated the
law."
54
The Arusha Accords (Article 80), part of the "Fundamental Law,"
directs parties participating in the transitional assembly to "reject
and undertake to fight any political ideology or any act aimed at
fostering discrimination based mainly on ethnic, regional, sexual or
religious differences,..." Should parties persist in this prohibited
behavior after having been warned against it, the government can bring
the matter to the Supreme Court. The Court, at the request of the
government, may exclude offending parties from participating in
governmental institutions.55
A Rwandan law on discrimination and sectarianism ("divisionism")
published in 2002 defines sectarianism as a "speech, written statement
or action that causes conflict that causes an uprising that may
degenerate into strife among people." The redundancy as ide, the clear
intent of the article is to prohibit language or acts that lead to
violence or otherwise unlawful acts (e.g., "conflict," "uprising," or
"strife"). The law provides for a prison term of one to five years and
a fine of up to two million Rwandan francs for government or political
party officials found guilty of this crime. A political party found
guilty can be suspended or "depending on the seriousness" of the
consequences of its acts, can be dissolved by the tribunal of first
instance. Individuals found guilty of this crime lose their national
civil rights.
It appears that the assembly report and the recommendation for the
dissolution of the MDR will go to the prime minister, then to the
minister of local administration, and from him, to the council of
ministers. The council will then decide whether or not to ask one of
the relevant courts to dissolve the party or exclude it from governing
institutions.
The iss ue is whether the MDR is in fact "divisionist," discriminatory,
promoting genocide and threatening state security, as authorities have
charged. From the quality of evidence presented in the assembly debate,
it appears that the government is far from having convincing proof of
these broad and extremely serious charges.
The assembly also recommended that the individuals named in the report
be investigated and charged by judicial authorities. In the past
authorities have detained several persons for alleged divisionism and
have kept them in pretrial detention for a year or more in violation
of their right to speedy trial.56
A
Continuing Pattern of Repression
As the RPF has moved to appropriate an
increasingly large number of official posts, to increase its
membership, and to limit the autonomy of other parties, it has also
suppressed efforts to create new political groups. While the argument
is that the MDR must be ended because of its pro-Hutu genocidal
ideology, authorities also sought to suppress two earlier dissident
groups that were multiethnic in nature, suggesting that it is the fact
of dissent rather than any supposed ethnic nature of the dissent which
is targeted. In these cases, as in the recent MDR affair, the
strategies used comprise threats, including public threats by the
president himself, arbitrary arrests, violence, and intimidation of
nongovernmental organizations and the press.
In 2000 authorities squelched a small multiethnic group interested in
restoring the monarchy. Kagame publically linked an important Tutsi
political leader, Joseph Sebarenzi, to the "royalists" and Sebarenzi
felt sufficiently threatened to flee the country, as did three
journalists who had been reporting on political events.57
In mid-2001, former president Pasteur Bizimungu and a small group of
others, Hutu and Tutsi, founded a new political party PDR-Ubuyanja.
Although the 1991 law on political parties guaranteed the right to
form new parties, authorities declared that establishing a party was
illegal during the period of transition. In August, Bizimungu and
another party founder, Charles Ntakirutinka, were detained and
questioned by authorities and, shortly after, both were attacked by
street gangs. Bizimungu published a book in November 2001, but it was
confiscated before being distributed. In December 2001, a member of
Ubuyanja, Gratien Munyarubuga, was murdered in mid-day in Kigali, a
crime which has never been solved. Several persons said to be members
of Ubuyanja we re arrested, at least one of whom has never been heard
from since.58
In January 2002, authorities arrested Laurien Ntezimana and Didace
Muremangingo, leaders of the Association Modeste et Innocent (AMI), of
a small non-governmental organization devoted to conflict resolution.
Ntezimana, winner of several international awards for his work, is a
lay theologian and a Hutu. Muremangingo is a young Tutsi genocide
survivor. The newsletter of their organization published the word
Ubuyanja, which means rebirth or renewal, in its masthead. For that
reason, the two were accused of links with Bizimungu's political party.
They were arrested and spent several weeks in jail. They have been
provisionally released but have never been brought to trial. Their
organization has been banned. When questioned about the case, a member
of the National Human Rights Commission attempted to justify the arr
est by asserting that Ntezimana had influenced twenty people "who
could pose a threat to the state.59"
In April 2002 Kagame made a highly publicized speech at the ceremony
for commemorating the genocide warning Bizimungu and other dissidents
that no one would be able to protect them if authorities lost patience
with them. Soon after Bizimungu and Ntakirutinka were arrested and
charged with endangering state security, fostering ethnic divisions,
and engaging in illegal political activities. Some twenty others were
also arrested in the following weeks, all charged with supporting
Ubuyanja. Six of them, including the treasurer of Liprodhor and an
employee of the U.S. embassy, have been put on trial with Bizumungu
and Ntakirutinka. Apparently lacking proof for the original charges,
the prosecutor has been attempting to find new grounds for charging
the detainees.
The New
Constitution
A constitutional commission named by the
government is completing the draft of a new constitution that will be
presented to voters in a referendum planned for late May. As currently
proposed, the constitution will continue many of the institutions and
practices that have favored the development of tight RPF control. A
number of the draft provisions directly violate Rwanda's obligations
under the rights of association, free expression, and political
representation through free elections in the ICCPR.60
Political parties, for example, will be allowed to exist, but they
will be prohibited from grass-roots political activity, once more
leaving them as debating societies where politicians cut off from the
population quibble over the spoils of power. Parties will be required
to "constantly reflect the unity of the Rwandan nation" and will be
prohibited from identifying themselves with any "divisi ve element" in
the population. The forum of political parties will be legally
entrenched as an organ to supervise political parties and the Supreme
Court will have broad discretion to dissolve parties.
In addition, the constitution confers on
the government broad powers to curtail speech or meetings that are
deemed divisive.61
Consequences
By public denunciation of persons and
organizations, apparently on the basis of vague and otherwise
inadequate reports from security services and others, the assembly has
put individuals at risk. Some have sought safety in flight: in
addition to the three military officers, a deputy who was abroad has
reportedly decided not to return to Rwanda. At least three other
persons have "disappeared" and a fourth is being held incommunicado by
the authorities.
A well-respected human rights organization has been labeled an
organization that associates with people who hold a genocidal ideology.
Staff and members feel sufficiently threatened to have made a public
statement about their sense of insecurity. In an apparently related
case the General Commissioner of the National Police Frank Mugambage
used a BBC radio broadcast to criticize another human rights
organization, the Great Lakes League for the Defense of Human Rights.
He said the group had turned things upside down and had "a bad vision"
for wanting to examine the conduct of the Local Defense Force, a
government-sponsored paramilitary force. In the commission report,
critics of the Local Defense Force were said to be "those who hold
onto the ideology of ethnic discrimination."62
The mayor of Kigali warned the public on the radio that secret
meetings have been taking place. He said authorities would be tracking
down persons who participated in such meetings. He said that some
people were being paid to run these meetings and he warned that
accepting this money "could cost people their lives."63
In a debate with Twagiramungu broadcast on BBC, RPF central committee
member and head of the constitutional commission Tito Ruraremara
accused hi m of sharing the ideology of the killers, even though he
himself had not killed during the 1994 genocide. Rutaremara admitted
that Twagiramungu himself had been sought by the killers, but did not
explain why they wanted to attack him if he shared their ideology. He
also compared the MDR to the Nazi party and said that Rwanda could do
well without it.64
In a newspaper datelined April 21, General Commissioner of National
Police Mugambage announced the beginnings of investigations into all
persons named in the assembly report.65
Until such investigations and possible trials are complete, all those
cited-individuals, organizations, and a political party-appear likely
to be exposed to a mounting campaign of vilification, accusing them of
harboring genocidal ideas and even of secretly planning ano ther
genocide. One journal favorable to the government has published the
statement that the MDR ideology "could lead to a tragedy like that of
1994" and another said the group Itara "shares the ideology of the
Interahamwe."66
Still another asserted:
A faction of MDR members led by the former
minister of state for finance Celestine Kabanda found it convenient
to go holding secret meetings, based on hatred, malice and
disinformation against the Tutsi. Given another chance such elements
can kill again because they even believe there was no genocide in
Rwanda.67
The government has not proved its case that
the present-day MDR or its current leaders participated in advocacy of
genocide or even in any active program of "divisionism." It has
instead documented splits within the party and has chosen to stress
the negative rather than the positive heritage of the MDR. It has
detailed the anti-Tutsi ideology of MDR-Power in 1993-1994 and has
ignored the sacrifices made by other MDR members, once honored as
national heroes for opposing that ideology.
By launching the campaign against the MDR in the months preceding the
elections, Rwandan authorities have changed the conditions under which
the elections will be held. Although charges against the party have
not been proved, some of its supporters have left the MDR and moved
into the RPF ranks to avoid being labeled "divisionist" or even "genocidal."
Others are likely to do the same before the elections.
If the MD R is dissolved, conditions for the elections will change
even more dramatically. As the only party outside of the RPF with any
substantial support, the MDR would be the only one able to seriously
contest at least the legislative if not the presidential elections. As
the government currently interprets the law, no new party could be
founded until the transition is ended, that is, when the new
constitution has been approved. If this happens at the end of May and
elections are held as early as September, as is proposed, no new party
would have time to organize a significant electoral campaign. In
addition, if the constitution is approved as now written, no party
would be able to engage in any grass-roots organizing.
President Kagame has frequently told the international community, most
recently in his April 7 address, that Rwanda will chart its own course
regardless of foreign criticism. But he and other authorities have on
many occasions shown significant regard for t he opinion of others, at
home and abroad. The great effort invested in trying to justify the
dissolution of the MDR is itself an indication of sensitivity to that
opinion.
Heavily dependent on foreign assistance, Rwanda has asked foreign
donors to help pay the costs of its elections. The National Electoral
Commission has said it needs $16.8 million to develop the capacity to
run elections and to carry out the referendum and the elections. As of
early May, the Rwandan government had allocated $5.5 million and
donors, including Germany and the Rheinland Palatinate, Canada, the
United States, Switzerland, and the United Nations Development Program
(UNDP) had provided another $1.8 million for these purposes. On May 6
donors pledged approximately $5.5 million more, with the most
important anticipated contributors being the European Union, the
United States, UNDP, Belgium, and the Netherlands.
Some donors have suggested that suppo rt should be tied to guarantees
of the exercise of basic civil and political rights. Indeed paying for
elections conducted without the exercise of these rights-before as
well as during the electoral period--is a waste of money. Such
contributions will not help assure the long-term stability of the
region and will discredit rather than enhance the idea of electoral
democracy.
Recommendations:
- The Rwandan government should guarantee
the rights to association, free expression, and assembly provided
for in its own laws and in the International Covenant on Civil and
Political Rights to which Rwanda has been a party since 1975.
- Any investigations and trials of the
persons accused in this affair and in other political cases, like
that of PDR-Ubuyanja, should be carried out in accord with the
guarantees provided by Rwandan and international human rights law,
including the guarantee of trial without undue delay.
- Authorities must take appropriate measures
to guarantee the security of persons who are named or whose
organizations are named in the commission report.
- The Transitional National Assembly should
publish all the evidence supporting its recommendation to dissolve
the MDR, including all the evidence from security services about
alleged clandestine meetings, so that persons accused may know and
confront accusations and evidence against them.
- Judicial authorities must provide
information, as required by law, about the whereabouts of detained
persons, including Major Ngirabatware and must investigate the "disappearances"
of others, including Dr. Leonard Hitimana, Damien Musayidizi,
Jean-Marie Vianney Nkulikiyinka, Lieut. Col. Augustin Cyiza, and
Eliezer Runyaruka.
- The Council of Ministers should leave
prosecution of any accused individuals to the judicial authorities
and should recognize that the actions of one group, even if found
guilty, cannot end the rights of others to remain associated with a
party they have chosen. They should not pursue further efforts to
dissolve the MDR.
- International donors should not fund the
Rwandan elections if the MDR is dissolved or if "disappearances,"
arbitrary arrests and prosecutions are carried out against
individuals solely because of their political ideas.
1 President Paul Kagame has not yet announced
if he will run for the post. Jean-Nepomucene Nayinzira has said that
he will run without party affiliation.
2 Paul Kagame, President of the Republic of
Rwanda, on the occasion of International Water Day, Rebero, Bwisige,
Byumba, March 31, 2003.
3 Paul Kagame, President of the Republic of
Rwanda, "Allocution du président Paul Kagame lors de la commemoration
de la neuvieme anniversaire des victims du genocide de 1994, Mwurire,
Rwamagana, Kibungo, April 7, 2003.
4 Human Rights Watch interviews, Kigali,
February 22, 2003.
5 The sixteenth, the Minister of Defense, is
an active member of the armed forces and so is not allowed to belong
to a political party.
6 International Crisis Group, "Rwanda at the
end of the transition: a necessary political liberalization," November
13, 2002, p. 11 and appendix E.
7 Human Rights Watch interviews, Gisenyi,
January 31, 2000; Buffalo, N.Y., June 10, 2000; Cambridge, MA, June
11, 2000; Kibuye, April 25, 2003; Butare, May 4, 2003; Kigali, May 10,
2000; February 11, 12, 13 and March 13 and March 27, 2001; April 26
and May 5, 2003.
8 For the party PDR-Ubuyanja, see below.
9 Since its beginning, the RPF has referred
to itself in Kinyarwanda as umuryango or lineage.
10 Human Rights Watch interviews, Gisenyi,
January 31, 2000; Buffalo, N.Y., June 10, 2000; Cambridge, MA, June
11, 2000; Kibuye, April 25, 2003; Butare, May 4, 2003; Kigali, May 10,
2000; February 11, 12, 13 and March 13 and March 27, 2001; April 26
and May 5, 2003.
11 International Crisis Group, "Rwanda at the
end of the transition," p. 4.
12 Ibid., p. 7.
13 Republique Rwandaise, Assembleé Nationale,
Rapport de la Commission Parlementaire de controle mise en place le 27
decembre 2002 pour enqueter sur les problemes du MDR, accepted by
the National Transitional Assembly, April 14, 2003, p. 2.
14 Umuseso, "`Si on entre dans les
elections avant la reconciliation du MDR, il sera d'office aboli,"'
Twagiramukiza," III, no. 108, December 2, 2002 p. 3 and no. 109,
December 9-15, 2002.
15 Human Rights Watch researchers examined
the French translation of the report and some 900 pages of the annex.
16 Rapport de la commission, p. 33.
17 The prime minister is a member of the MDR.
According to the commission, President Kagame himself intervened to
suspend the results of an internal party election. Rapport de la
Commission, pp. 20-21.
18 Rapport de la Commission, pp. 6-7.
19 Ibid, pp. 11 and 15.
20 Umuseso, "`Si on entre dans les
elections avant la reconciliation du MDR, il sera d'office aboli,"'
Twagiramukiza, p. 3," III, no. 108, December 2, 2002.
21 Rapport de la Commission, p.
16.
22 Rapport de la Commission, p. 19.
23 Idem.
24 Human Rights Watch field notes,
Transitional National Assembly debate, April 14, 2003.
25 One person, Amandin Rugira, is listed
twice; Rapport de la Commission, pp. 22-24.
26 Annexe, Rapport de la commission,
p. 246.
27 Ibid., p. 69; Human Rights Watch
interview, Kigali, April 17, 2003.
28 Rapport de la commission,
pp. 22-26.
29 Annexe, Rapport de la commission,
p. 253.
30 Ibid; Human Rights Watch fueld notes,
assembly debate, April 14, 2003.
31 No relation to former president, Juvenal
Habyarimana.
32 Munyaneza Godfrey Manu, ""Au Rwanda on se
base encore sur l'ethnie," and A.B. Twizeyimana "General et colonel
ont-ils fui la paix ou l'aggression?", Umuseso, III, March
31-April 6, 2003, pp. 2 and 4.
33 Radio Rwanda, morning news, April 7, 2003.
34 Human Rights Watch interviews, Kigali,
April 14-23, 2003; Liprodhor, "Declaration sur les recentes
arrestations et disparitions forcees," April 12, 2003; for Dr.
Hitimana, see African Rights,
Tribute to Courage, Kigali: 2002, pp. 74-89.
35 Human Rights Watch interviews; telephone
and electronic mail communications, April 25-30, May 1, 2003.
36 Human Rights Watch interviews; telephone
and email communications, April 28-30; May 1, 2003.
37 Rapport de la commission, pp. 14,
21, 23, 24, 27, 31; Annexe,Rapport de la commission, p. 118.
38 Ibid., p. 63; BBC News, Evening Edition,
April 10, 2003; N. Patrice, "Gare a celui qui va depasser la ligne de
demarcation," ; L.M., "Je voudrais te confier un secret!," Umuseso,
III, no. 112, December 30 2002 to January 6, 2003.
39 Annexe no. 560, Rapport de la
commission.
40 Annexe, Rapport de la commission,
p. 206.
41 BBC News, Evening Edition, April 10, 2002;
N. Patrice, "Gare a celui qui va depasser la ligne de demarcation," ;
L.M., "Je voudrais te confier un secret!," Umuseso, III, no.
112, December 30 2002 to January 6, 2003.
42 Annexe, Rapport de la commission,
p. 247.
43 Ibid., p. 558.
44 Ibid., p. 274.
45 Human Rights Watch field notes, assembly
debate, April 14, 2003; Annexe, Rapport de la Commission, p.
192.
46 Rapport de la commission, pp. 14,
21.
47 Idem.
48 Human Rights Watch interview, May 6, 2003;
Radio Rwanda, morning news broadcast, April 26, 2003.
49 ICCPR, articles 19 (2), 21, and 22. The
proposed Rwandan constitution reaffirms at article 10 that the ICCPR
is "an integral part of the present constitution."
50 ICCPR, article 20 (2).
51 See, e.g. Manfred Nowak, U.N. Covenant
on Civil and Political Rights: CCPR Commentary (Kehl am Rhein,
Strasbourg, Arlington: N.P. Engel, 1993), p. 368 ("the obligation in
Art. 20 may not be interpreted in such a way as to establish for a
State Party the right to restrict other Covenant rights to an extent
going beyond permissible interference provided therein....Art. 20 does
not in any way authorize restrictions on freedom of opinion....nor
does it permit interference with freedom of expression forbidden by
Art. 19(2) and (3)." See also United Nations, Economic and Social
Council, U.N. Sub-Commission on Prevention of Discrimination and
Protection of Minorities, Siracusa Principles on the Limitation and
Derogation of Provisions in the International Covenant on Civil and
Political Rights, Annex, UN Doc E/CN.4/1984/4 (1984), principles 2,
11, 13, and 14 (limitations on rights should not jeopardize the
essence of the right concerned, entail more res trictive means than
necessary, or be inconsistent with other human rights guaranteed in
the Covenant or other international law).
52 ICCPR, article 20; Siracusa Principles 2,
3, 10, and 11.
53 Republic of Rwanda, Constitution of 1991,
articles 7, 19, and 20.
54 Loi no. 28/91 du 18 juin 1991 (parties
politiques).
55 Protocol of Agreement Between the
Government of the Republic of Rwanda and the Rwandese Patriotic Front
on Power-Sharing within the Framework of a Broad-Based Transitional
Government, January 9, 1993, Arusha, articles 81 and 82.
56 ICCPR, articles 9 (3) and 14 (3).
57 Human Rights Watch, "Rwanda: The Search
for Security and Human Rights Abuse," April 2000.
58 Human Rights Watch press release, January
9, 2002.
59 Human Rights Watch interview, February 18,
2002.
60 See ICCPR, articles 19, 22, and 25.
61 Draft number two of the Rwandan
constitution, articles 34, 53, 55, 56, 57.
62 BBC morning broadcast, May 3, 2003;
Rapport de la commission, p. 19.
63 Radio Rwanda, evening news, April 11,
2003.
64 Transcript, BBC debate between Tito
Rutaremara and Faustin Twagiramungu, April 19, 2003.
65 The Rwanda Voice, "Premier
Makuza, Minister Mugorewera face censure," April 21-28, 2003, p. 2.
66 Ndamage Frank, "Kabanda a ete destitute,"
Imvaho Nshya, no. 1488, April 14-20, 2003, pp. |