Country Report on Human Rights Practices for 1989
RWANDA
.
Rwanda is a one-party state which has been ruled by Major
General Juvenal Habyarimana since his accession to power in a
nonviolent coup in 1973. Founder of the single party, the
National Revolutionary Movement for Development (MRND)
,
Habyarimana was reelected for another 5-year term as President
in December 1988 by nearly 99 percent of the electorate. The
President sets government policy after consultation with the
Council of Ministers. The National Development Council (the
legislature), established in 1982, votes on and adopts laws
but is not independent from the MRND. Legislative candidates
must be approved by the party, which normally approves two
candidates per seat.
The major organizations responsible for administration of
justice include the Ministry of Justice, which organizes and
administers the prison system, the judicial police, which is
composed of employees of several ministries who are
responsible for apprehending criminals, collecting evidence,'
and maintaining case records, and the gendarmerie, a special
branch of the Rwandan armed forces. In addition, the Central
Intelligence Service in the office of the President can make
certain decisions, such as denial of passports to Rwandan
citizens or the extension of visas and residence permits to
foreigners. These decisions may be appealed directly to the
President.
The overwhelming majority of Rwandans are poor subsistence
farmers. There is little industry, and imports are expensive
because of the high cost of transport to this landlocked
country. Food production has managed to keep pace with the
high population growth rate. Rwanda's economy depends
heavily on foreign aid and on exports of coffee and tea. The
Government has a liberal policy toward trade and investment.
Although human rights continued to be restricted in 1989, some
progress was made: the Government held a national conference
of magistrates and judges to discuss improving the
administration of justice; and organized an international
conference on the observance of human rights in Africa.
President Habyarimana released nearly 25 percent of the 13,000
prisoners in Rwandan jails, reduced many sentences, and
changed all death sentences to life imprisonment. Prisoners
guilty of crimes against national security, corruption, or
multiple offenses were not included. In 1989 there remained
several major human rights concerns, including the use of
long-term detention in political and security cases without
charge or trial and restrictions on the freedoms of religion,
speech, association, and the right of citizens to change their
government.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There was no evidence of politically motivated killing at
government instigation in 1989. In May 1988, an army sergeant
accused of the murder of a prominent colonel reportedly died
during interrogation by military and security authorities.
Subsequently, three officers were arrested in connection with
the case. These officers remained in prison at the end of
1989 awaiting the outcome of an ongoing judicial inquest.
b. Disappearance
There were no unexplained disappearances in 1989.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There were no reports of torture or other cruel, inhuman
treatment in 1989. Prison conditions continued to improve in
1989 as part of a major reform program instituted by the
former Minister of Justice.
d. Arbitrary Arrest, Detention, or Exile
Except for suspects caught in the act of committing crimes,
arrests are normally made with a warrant following an
investigation. Persons may be detained for no more than 48
hours without a warrant. There were no known exceptions in
1989 to the legally mandated warrant procedures. In most
cases, charges must be stated formally in the defendant's
presence within 5 days of arrest. Failure to meet this
requirement constitutes grounds for dismissal of the charges.
In practice criminal offenders arrested by judicial
authorities are not imprisoned without arrest warrants and
formal arraignment. Persons arrested by Rwandan security
forces for political crimes may in fact be detained
indefinitely without being formally charged (see Section 1 e.).
Under broad preventive detention provisions, persons may be
held for 30 days if public safety is believed to be
threatened, if the accused might flee, or if the penalty
carries a minimum sentence of 6 months. At the end of that
period, judicial review is mandatory. Detention may be
prolonged indefinitely for 30-day periods. Persons charged
with serious crimes often wait 6 months before trial.
Detainees may appeal their incarceration, and the appeal must
be heard within 24 hours by a competent judicial authority.
Ministry of Justice personnel conduct daily official visits to
prisons to assure that proper documentation exists for each
detainee. These officials can order detainees released if
arrest conditions do not conform to the law.
Rwandan security forces occasionally employ arbitrary arrest
and detention on political or security grounds. Most
detentions are short-term, often for less than 24 hours. In
January 1988, two associates of a Rwandan exile who had been
implicated in a 1980 coup attempt were arrested and held
without charge or judicial review. They remained in prison
without charge in 1989. The security authorities arrested in
May another Rwandan accused of involvement in the 1980 coup
attempt and held him throughout the year pending completion of
an investigation.
Exile is not practiced. With regard to forced or compulsory
labor, see Section 6.c.
e. Denial of Fair Public Trial
Rwanda has three separate court systems for criminal/civil,
military, and state security cases. All but security cases
ultimately may be appealed to the Court of Appeals. Convicted
criminals must file an appeal within 3 months of the date of
judgment. The State Security Court has jurisdiction over
national security charges such as treason. Decisions of this
Court may not be appealed before the Court of Appeals. If
procedural violations are alleged in security cases, these may
be brought before the Court of Cassation. If the Court of
Cassation finds that procedural violations occurred, the case
is sent back to the State Security Court and tried by a
different panel of judges.
The judiciary is statutorily independent and expected to apply
the penal code impartially, but in practice the Government
exercises influence in political and security cases. The
President appoints and dismisses magistrates. Laws passed in
1982 strengthened the independence of the judiciary by
improving the process of selecting judicial personnel and more
closely defining their functions. The administration of
justice has been hampered by poor management and a generally
low level of education among civil servants. The Ministry of
Justice conducts training programs for officials and judges
and plans to establish a magistrate training center. In 1989
approximately 70 of the top judges and prosecutors attended a
magistrates' workshop organized by the Ministry of Justice.
All defendants are constitutionally entitled to counsel, but
because of a shortage of lawyers (there are only about 20
private lawyers in Rwanda, most of whom work in Kigali),
defendants normally are not represented at trial. Family and
other nonprofessional advisors are permitted. Trials are
public, and those which arouse extensive public interest are
often broadcast to the street to permit persons who cannot be
seated in the courtroom to follow the proceedings. Persons
charged with minor crimes usually are released on their own
recognizance pending trial.
Bail is not available in Rwandan law. The majority of
Rwandans awaiting trial or sentencing enjoy "liberte
provisoire," or provisional release, which is routinely
granted provided that the defendant is not likely to flee
justice, has a fixed residence, and is not likely to harm or
be harmed by the public. A Rwandan awaiting trial or
sentencing in prison may petition the court for provisional
release. In the Kigali court district, approximately 85
percent of all prisoners awaiting trial or sentencing receive
provisional release.
At the end of 1989, Rwanda was holding three political
prisoners who allegedly are close to an exiled minister
implicated in a 1980 coup attempt. Dr Aloys Sebiziga, a
medical doctor, has been detained in Kigali prison since May
1989 for allegedly supplying medicines and funds to Col.
Alexis Kanyarengwe, a former Minister of the Interior, who is
currently in self-imposed exile in Tanzania. Dr. Sebigiza has
not been formally charged with any crimes, nor has a date been
set for trial. In addition to Sebigiza, Callixte
Sinaruhamagaye and Claude Bahitansi, the brother and a close
friend of the former Minister, have been detained in Kigali
prison without charges since January 1988.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Although Rwandan law forbids arbitrary searches, Rwandans are
subject to occasional interference in their private lives.
Police normally are required to have warrants before entering
a private residence, but, using the pretext of checking
required documentation, authorities in practice gain entry
into homes without warrants. There is no evidence that the
Government monitors private correspondence, and the receipt of
foreign publications is permitted.
All Rwandans are required to be members of the MRND and to pay
party dues.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law theoretically guarantees freedom of speech and press,
but these statutory assurances are not observed. Open
criticism of government policies and officials is rare,
although in 1989 published criticism of state-managed
industries was not uncommon. Candidates in the 1988
legislative elections were restricted to expressing opinions
and advocating policies consistent with party doctrine.
Members of the National Development Council in the past have
criticized government policies from the floor of the Council.
The Government controls radio broadcasting (the most important
medium in reaching the public since there is no functioning
television system in Rwanda) and produces a daily press
bulletin and a weekly newspaper. Two Catholic church
publications sometimes print muted criticism of political and
economic conditions. Such criticism is tolerated and
occasionally even encouraged by the Government. There is no
record of any journalist having been arrested for what he has
written. The Government has cautioned the press to avoid what
it regards as "harmful" criticism of leaders. It maintains
that the press should devote its efforts to "promoting
development." Books and imported publications are not
censored. Academic freedom is limited, but there were no
known incidents in 1989 involving restrictions on academic
freedom of inquiry and research at the university.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is limited. No public meetings or
demonstrations are permitted if there is any chance they will
result in expressions of overt opposition to government
policies. The Government permits private associations, but it
requires that they be registered officially and accorded legal
recognition.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution, but
the Government continues to discriminate against, and local
officials harass, several small groups, including the
Jehovah's Witnesses. The Government denied the Witnesses'
request for legal recognition in October 1988 on the grounds
that they constitute a threat to law and order and disturb the
peace. Government officials have said that the Witnesses'
right to practice their religion will not be otherwise impeded
(see Section 5).
Foreign clergy are able to practice their religion and
organize missionary activities. Worship is freely permitted,
and Christian churches are numerous. There are several
mosques in the capital and elsewhere; Muslims are permitted to
practice their religion throughout the republic.
The population is 70 percent Christian and approximately four
percent Muslim, with the remainder following traditional
African or no religious practices. Probably 80 percent of the
Christians are Roman Catholic, but Protestant denominations
are active. The Government depends upon church-sponsored
schools for a considerable portion of education in Rwanda
(over 85 percent of secondary schools are church-sponsored).
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Freedom of movement and residence within Rwanda is restricted
by laws and regulations which require all residents to hold
national identity cards and residence and work permits.
People who wish to spend more than 3 days in a township other
than their own must obtain permission from the authorities of
the area they will be visiting. Police conduct periodic
checks, especially in urban areas, and return all those not
registered in the locality to their own township. 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 major deterrent to foreign travel was eliminated in 1987,
when the Government abolished the requirement for posting
substantial deposits (as much as $600) with passport
applications. Citizens now need only pay a $20 nonrefundable
fee for a passport, but they still must apply for and receive
an exit visa before undertaking foreign travel. The exit visa
process involves a security check conducted by the Central
Intelligence Service. Unexplained refusals appear to be less
frequent than in the past. Properly documented Rwandans may
emigrate.
There are an estimated 225,000 Rwandan refugees in neighboring
countries. Most are ethnic Tutsis who fled Rwanda during the
revolution of 1959 and subsequent ethnic violence associated
with independence in 1962. Official policy permits these
people to be repatriated on a case by case basis if the
refugee does not represent a security risk, and if land is
available in Rwanda. The lack of land in this tiny and
heavily populated country effectively precludes any
significant repatriation. The Government's stated view is
±hat demographic pressures and strained economic resources
preclude any large-scale return of these refugees. It has
encouraged countries hosting the refugees to naturalize them;
±his has not been well received by Rwanda's neighbors.
Despite these difficulties, in 1989 approximately 50 refugees
returned to Rwanda from Burundi, although many more reportedly
returned outside official channels.
Rwanda hosts 19,000 Burundi refugees (mainly Hutu) who fled
the 1972 massacres. In mid-1988, 47,000 Burundi nationals
fleeing ethnic violence again sought refuge in Rwanda. The
Rwandan Government refused to accord official refugee status
to this latest group but did grant temporary asylum. Rwanda
has received widespread praise for its efforts to meet the
temporary humanitarian needs of these refugees. Most of them
returned voluntarily to Burundi by the end of 1988 as the
result of a procedure negotiated by a quadripartite group
composed of Rwanda, Burundi, Zaire, and the United Nations
High Commissioner for Refugees. In late 1989, there were
approximately 1,200 Burundi refugees remaining in Rwanda.
Nine hundred were from the August 1988 influx, and about 300
arrived from the same area of Burundi in October 1989,
apparently as a result of an isolated incident.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Rwandans have no opportunity to change their government
through democratic means. The MRND, the sole body permitted
political activity, makes all policy decisions and nominates
all candidates for public office. It, in turn, is dominated
by the President who also holds the position of president of
the MRND. He chooses the Central Committee members and is the
only constitutionally recognized candidate for President.
Every citizen is automatically a party member and is required
to pay party dues representing 2 days' pay per year.
Delegates are both elected and appointed to the Party's
governing national congress, which meets every 2 years. The
essential function of the congress is to endorse the programs
presented by the party leadership. The 1988 congress rejected
calls for the election of local party officials by secret
ballot rather than the raising of hands.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Rwanda cooperates with visiting delegations from such human
rights groups as Amnesty International (AI) and the
International Committee of the Red Cross. U.S. Embassy
officials visited Kigali prison to inspect conditions and
interview political prisoners on several occasions in 1989.
There were no reports of requests for outside investigations
of alleged human rights violations in 1989. The Ministry of
Justice hosted an international conference on human rights in
March which was attended by representatives from all
neighboring countries as well as representatives from the
United Nations, the Organization of African Unity, and AI.
The conference focused on the observance of human rights in
central Africa.
There are no local organizations monitoring and reporting on
human rights practices in Rwanda.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
In 1959 the majority Hutu ethnic group (89 percent of the
population, according to the 1978 census) overthrew the Tutsi
monarchy. In 1962 Belgium granted internal autonomy and then
independence to a Hutu-led government which overwhelmingly won
a U.N. -supervised election. These developments marked the end
of the traditional, feudal society in which the Hutu had lived
in subjugation under the Tutsi for centuries, and the
beginning of a more modern society that places greater
emphasis on individual rights.
The Constitution states that "all citizens are equal before
the law, without any discrimination, notably that of race,
color, origin, ethnicity, clan, sex, opinion, religion, or
social position." The legal requirement that ethnic origin be
listed on identity documents serves to ensure that informal
quotas corresponding to the Hutu/Tutsi ratio in society are
not exceeded. This system tends to limit the access of Tutsis
to education and important positions in the Government and
military. Private business is the only aspect of society in
which the Tutsis wield any significant influence.
The Government actively prosecuted Jehovah's Witnesses in
Rwanda from 1984 to 1986. In 1986, 296 Witnesses had been
convicted of penal code violations including disrespecting the
national flag, and 400 Witnesses were being held in custody
pending trial. Under growing international pressure, the
Government reversed its position on Witnesses in 1988,
released all Witnesses held in prison, and ended its legal
campaign against them. Since then, the Minister of Justice
has held meetings with local officials to sensitize them to
the Government's policy regarding Jehovah's Witnesses.
Jehovah's Witnesses occasionally are arrested by local
officials acting in ignorance of government policy, but they
are normally released immediately when their cases are brought
to the attention of the general prosecutor in Kigali, who has
jurisdiction over all such cases. Despite this revised
policy, there was renewed harassment of Witnesses in 1989 and
incidents based on religious discrimination; one businessman
lost his position for reasons related to his Jehovah's Witness
religion.
Women perform most of the agricultural labor and have
benefited less than men from social development. Despite the
language in the Constitution, women's rights to property are
limited, and women are not treated equally in divorce
proceedings. Moreover, women have fewer opportunities for
education, employment, and promotion. Family planning
services are inadequate but are improving, and the President
has been an outspoken advocate of family planning efforts.
There are few organizations promoting women's interests.
URAMA, a women's association which is an adjunct of the sole
political party, was formed in 1989. The Government has
completed revision of the Rwandan family code, which was
awaiting at the end of 1989 the President's signature to take
effect. The new code modernizes Rwandan laws concerning
marriage, divorce, the status of children born out of wedlock,
child custody, and other elements of family law.
Violence against women is socially accepted, especially in the
countryside, but it is neither encouraged nor permitted by
law. In public places, women are often observed to be subject
to low level aggression: shoving, pushing, etc. wife beating
exists, but there are no studies available which show the
extent of the problem. When reported, wife beating is
punished by the courts, but rarely do these cases come to
litigation. The Government has not addressed the issue of
violence directly, but it has acted to improve the situation
of women, largely by encouraging family planning and
appointing women to positions of responsibility in the
Government. The President has publicly advocated greater
rights for women.
Section 6 Worker Rights
a. The Right of Association
The Rwandan economy consists predominantly of small scale
subsistence farming. There is very little industry, and hence
few workers in the modern wage economy, which accounts for
perhaps 7 percent of the work force in both private and public
sectors. Labor organizations have only recently begun to
develop, and the Government is guiding this evolution through
a sole labor union, the Central Union of Rwandan V>Iorkers
(CESTRAR) . The Union is integrated into the sole political
party, the MRND. Other workers' associations no longer have
the right to exist independently but must affiliate with
CESTRAR. Union membership (open to all salaried workers) is
Optional. CESTRAR's leadership is focusing on nonwage-related
work conditions and on providing training opportunities and
credit union facilities to its members.
In theory, CESTRAR members have the right to strike, but only
with the approval of the Executive Committee--in effect, the
Government. There was one strike in 1989. On October 21-22,
a number of employees struck at the Bralirwa brewery in
Gisenyi, apparently over a dispute with a fellow employee.
The CESTRAR director played a pivotal role in mediating the
dispute. As part of the settlement, the employee in guestion
was transferred to Kigali.
CESTRAR is affiliated with the Organization of African Trade
Union Unity and the Organization of Central African Workers.
It maintains friendly ties with foreign trade union
organizations, including the American Federation of Labor and
Congress of Industrial Organizations. Rwanda has been a
member of the International Labor Organization since 1962, but
has ratified neither Convention 87 regarding freedom of
association nor Convention 98 on collective bargaining.
b. The Right to Organize and Bargain Collectively
The right to organize "professional organizations" and to
engage in collective bargaining with employers granted by the
labor code is exercised within the framework of CESTRAR.
Government control of CESTRAR combined with the small size of
the wage economy is a significant constraint on the collective
bargaining process. In practice, collective bargaining for
wages does not occur in Rwanda. There are no export
processing zones in Rwanda."
c. Prohibition of Forced and Compulsory Labor
Forced labor is prohibited by Rwandan law and does not occur
in practice (see Section 6.e.).
d. Minimum Age for Employment of Children
Except in the subsistence agriculture sector, which is the
area of employment of most Rwandans, children under 18 are not
permitted to work without their parents' or guardian's
authorization, and they may work at night only under
exceptional circumstances on a temporary basis. The Minister
of Labor may grant work permission to a child under 14. Child
labor outside the agricultural sector is uncommon.
e. Acceptable Conditions of Work
Minimum wage rates in the small modern economic sector are set
by the Ministry of Labor. The current minimum wage is
approximately $1.50 per day; higher minimum wages apply to
certain professions. The minimum wage is inadequate to
provide a decent standard of living for urban families and is
often supplemented by work in petty commerce or agriculture.
Hours of work and occupational health and safety in the modern
wage sector are controlled by law and enforced by labor
inspectors from the Ministry of Labor. Government offices and
most private sector companies have a 43-hour workweek, which
includes Saturday morning community service. Rwandan wage
earners in both the public and private sectors are accorded
1 weekday afternoon free for participation in sports and
leisure activities. Saturday morning community service hours
are counted as part of the regular work service hours, and
therefore supplemental wages are not required.
