Country Report on Human Rights Practices for 1990
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 legal party,
the National Revolutionary Movement for Development (MRND),
Habyarimana was reelected unopposed 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) is not independent from
the MRND, which approves legislative candidates.
The key event of 1990 was an invasion into Rwanda beginning on
October 1 from Uganda by the Rwandan Patriotic Front (RPF).
The RPF force was made up primarily of deserters from the
Ugandan Army who were of ethnic Rwandan Tutsi origin.
Responding to growing public pressures for political reform.
President Habyarimana had announced in July several future
policy changes, including a gradual transition to multiparty
democracy by 1992. Following the invasion, he announced
further reforms, e.g., promising to end ethnic markings in
identity cards and inviting Rwandan refugees to return
peacefully to Rwanda. In December the Government published
the draft of a multiparty National Political Charter. A
national referendum on multiparty democracy is scheduled for
June 1991.
The Rwandan Armed Forces (FAR) include two branches, the army
and gendarmerie. In 1990 the FAR was greatly increased in
size, to over 15,000 soldiers. The Government sought military
assistance from Belgium, France, and Zaire to help stop the
RPF invaders. Belgian and French troops assumed noncombat
roles in securing the capital and Kigali's airport, and
Zairian troops engaged in combat. During the fighting, there
were serious human rights abuses committed against civilians,
particularly by the Zairean forces.
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 barely managed to keep pace with
the high population growth rate. Rwanda's economy depends
heavily on exports of coffee and tea and on foreign aid.
Human rights deteriorated in Rwanda in 1990, particularly in
the wake of the Government ' s efforts to counter the RPF
invasion. The number of civilian deaths caused by the
fighting between military forces and by isolated acts of
interethnic violence was estimated at over 200 persons. The
Government acted promptly to prevent the spread of ethnic
violence. Shortly after the outbreak of hostilities, the
Government declared a State of Emergency (SOE) which, among
other steps, permitted mass detentions of over 5,000 persons
suspected of sympathizing with the invaders. Some arrests
were accomplished with excessive force and resulted in harsh
treatment. Severe restrictions were imposed on the freedom of
movement of all persons. At the end of 1990, ethnic tensions
remained high. The FAR had regained control of most of the
country by year's end but faced elements of a guerrilla war of
attrition, in which small groups of RPF troops attacked
northern Rwandan towns from Uganda on an almost daily basis.
Prior to the invasion and the SOE, the Government had taken
new measures limiting freedom of press, assembly, and
religion. In early 1990, the Government acted against
independent newspapers which had been outspoken in their
criticism of the Government, its policies and its leadership.
Although most journalists were acquitted or released after
several months' detention, one journalist received a 15-year
sentence for his admitted affiliation with the RPF . Four
members of the Jehovah's Witnesses received prison sentences
of 10 years for alleged political acts, including disrespect
for the national flag. Three of these Witnesses benefited
from acts of presidential clemency in September, and the
fourth appealed his conviction to the Rwandan Supreme Court
and won a retrial.
Three political prisoners who had been detained for over a
year were finally tried and acquitted by the Rwandan courts.
The September 1990 visit to Rwanda by Pope John Paul II was
heralded by an act of presidential clemency affecting
approximately 500 Rwandan prisoners and commutation or
reduction of sentence which affected many others.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
By the end of 1990 more than 200 civilians had been killed in
the fighting between the Rwandan military and the RPF
guerrilla forces or by ethnic violence touched off by the
invasion (see Section l.g.).
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 1990, awaiting the
outcome of a judicial inquest.
In May Government soldiers fired into a crowd of students
during a demonstration at the National University in Butare,
killing one and wounding several others. The Government
quickly replaced the prefect (governor) of Butare and the
commander of the local gendarmerie detachment, pending
completion of an official inquiry into the event (see Section
2.b. ) .
b. Disappearance
There were no unexplained disappearances prior to the outbreak
of hostilities on October 1. Large numbers of.Rwandans
considered "missing" since then are assumed to be detained by
the Governnent or to be in refugee camps in Uganda. The
Government allowed free access to detainees by officials of
the International Committee of the Red Cross (ICRC).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Dozens among the thousands of persons arrested immediately
after the October 1 invasion of Rwanda were subjected to
severe beatings before and during detention. The first
detainees rounded up in Kigali were held for almost 1 week in
an outdoor stadium with virtually no access to food and
water. Subsequently, some 5,000 new detainees suspected of
sympathizing with the invaders were also held in harsh
conditions, including lack of sanitary facilities and
shortages of food. The logistics of detaining, interrogating,
and releasing persons created major confusion and hardship.
Responding to international concern for the detainees'
welfare, the Government allowed officials of the diplomatic
corps, in addition to the ICRC, to visit all prison
facilities. There were some deaths due to these poor
conditions. International observers judged prison conditions
poor but adequate for most detainees.
d. Arbitrary Arrest, Detention, or Exile
Under the state of emergency which began October 1, normal
procedures of arrest and detention were suspended. The
majority of the approximately 5,000 Rwandans detained after
the October 1 invasion were picked up during random police
roundups of suspicious persons. Most were of Tutsi ethnic
origin. The majority of the detainees were released by the
end of the year, but about 2,000 faced trial proceedings which
began on December 28.
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 to
the legally mandated warrant procedures prior to October 1.
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.
Even without the SOE, persons arrested by Rwandan security
forces for political crimes may be detained indefinitely
without being formally charged. 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. In May Rwandan security
forces surrounded the home of a prominent Rwandan Tutsi
businessman, Valens Kajeguhakwa, who remained under virtual
house arrest until he surreptitiously fled to Zaire in
August. He later resurfaced as an acknowledged leader of the
Tutsi exiles who attacked Rwanda October 1.
The number of political detainees held by the Government at
the end of 1990 was unknown but was estimated at about 2,000.
Most of these were arrested after October 1.
Exile is not practiced as a form of political punishment.
However, thousands of Rwandans, mainly Tutsis, have been in
exile for years in neighboring countries. Government policies
have prevented their return en masse (see Section 2.d.).
Between 2,000 and 4,000 such exiles comprised the body of the
RPF invasion force.
e. Denial of Fair Public Trial
Rwanda has three separate court systems for criminal/civil,
military, and state security cases. All cases except those
involving state security 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.
If procedural violations are alleged in security cases, these
may be brought before the Supreme Court or the Court of
Cassation. If either of these Courts finds that procedural
violations occurred, the case is sent back to the State
Security Court for retrial 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 judges to the Security Court for terms of 1
year and all other judges for life tenure. Judges may be
dismissed upon recommendation of the Minister of Justice and
the Supreme Council of Magistrates (which is headed by the
President). 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.
All defendants are constitutionally entitled to counsel, but
because of a shortage of lawyers defendants often are not
represented at trial by professional counsel. There are only
about 20 private lawyers in Rwanda, most of whom work in
Kigali, and approximately 100 officially recognized "legal
agents" who may represent defendants in court. Family and
other nonprofessional advisers 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.
Bail is not available under Rwandan law. The majority of
Rwandans awaiting trial or sentencing enjoy 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.
The number of political prisoners, as distinct from political
security detainees awaiting trial, was also unknown at year's
end. On December 28, the Government began the public trials
of some 2,000 political detainees arrested after October 1.
Two independent journalists, Hassan Ngeze and Vincent
Rwabukwisi, who had been arrested prior to the invasion for
writing articles critical of the Government, were tried before
the Security Court in Kigali between July and November. Both
defendants received 1-year, suspended sentences for their
allegedly seditious writings. However, Rwabukwisi admitted
involvement with the RPF and received a 15-year prison
sentence for treason. Ngeze resumed publishing his newspaper
in December.
Three political prisoners. Dr. Aloys Sebiziga, Callixte
Sinaruhamagaye, and Claude Bahintasi, were tried by the
Security Court and acc[uitted in April after nearly 2 years in
detention.
f.Arbitrary Interference with Privacy, Family, Home, or Correspondence
Under the SOE, the Government engaged in extensive roundups
and detentions of persons suspected of sympathizing with the
rebel forces. In normal circumstances, Rwandan law forbids
arbitrary searches. However, even in the absence of the SOE,
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. Prior to October 1, there
was no evidence that the Government monitored private
correspondence.
All Rwandans are required to be members of the MRND and to pay
party dues. However, in a series of political reforms
proposed on July 5 (see Section 3), President Habyarimana
explicitly called for the end of compulsory membership in the
MRND. A national referendum on the new multiparty National
Political Charter, which was published in December, is
scheduled for June 1991.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts.
A Rwandan exile army, the RPF forces, estimated at over 4,000
well-armed and experienced soldiers, invaded northeastern
Rwanda from Uganda on October 1. Led at the outset by Fred
Rwigyema (previously a Major General in the Ugandan army), the
RPF is composed largely of ethnic Tutsis who had deserted from
the Ugandan military. Taken by surprise, FAR troops retreated
steadily during the first days of fighting, and the RPF
advanced to within 50 miles of the Rwandan capital. The
Government sought and obtained military assistance from
Belgium, France, and Zaire to help blunt the main RPF drive.
By December, all RPF troops had been driven out of Rwandan
territory, but they continued to wage a guerrilla war of
attrition from Uganda against Rwandan civilian and military
targets and supply routes.
Approximately 16,000 Rwandan refugees, primarily Tutsis but
including Hutus, fled the intense fighting in northeastern
Rwanda and crossed into Uganda. At least 5,000 of these
Refugees had returned to Rwanda by year's end. Some refugees
reported indiscriminate killings of civilians by FAR and
Zairian forces during the intense fighting in early October.
The Government confirmed that there had been a large number of
civilian casualties (between 300 and 500), but claimed that
the alleged civilian casualties were really RPF rebels wearing
civilian clothes. At least 62 Rwandan civilians were killed
by RPF troops during guerrilla raids in November and December.
The Government reacted to the invasion by declaring an SOE and
arresting thousands of citizens suspected of collaborating
with the RPF (see Section i.e.). The invasion touched off
scattered incidents of ethnic violence in the countryside, in
which some Hutu peasants attacked their Tutsi neighbors,
burned their huts, and slaughtered their cattle. The
Government, with the help of the Catholic Church, sent troops
and teams of clerics to trouble spots in Gisenyi, Gikongoro,
and Gitarama prefectures and insisted that local officials
prevent further violence or face dismissal and punishment.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law guarantees freedom of speech and press, but these
statutory provisions are not observed in practice. Open
criticism of government policies and personalities increased
markedly in 1990 among Rwandan intellectuals and the
independent press. The Government responded to the changing
environment by accelerating the pace of political reform, but
it also cracked down on the independent journals Kanguka,
Kangura, and the Catholic church sponsored newspaper
Kinyamateka. The Government maintained tight control over the
official media, including radio broadcasting (the most
important medium since there is no functioning television
system in Rwanda).
During the year, the Government arrested Kanguka journalist
Francois Hangimana, Kanguka editor Vincent Rwabukwisi, and
Kangura editor Hassan Ngeze and charged them with promoting
civil unrest. Hangimana and Ngeze were tried, convicted, and
released after several months in detention but Rwabukwisi was
sentenced to 15 year's imprisonment on a separate charge of
involvement with the RPF (see Section I.e.). In September the
Government also brought charges against Abbe Sibomana, the
editor of the prestigious Catholic Church newspaper
Kinyamateka, and three other Kinyamateka journalists for
slander of government authorities in a series of critical
articles. All four were subsequently acquitted of all charges,
Academic freedom is limited. Due to the October 1 invasion of
Rwanda, the National University was closed and may remain
closed for the duration of the 1990/91 academic year.
b. Freedom of Peaceful Assembly and Association
Freedoms of assembly and association are 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 requires that they be registered officially
and accorded legal recognition. The "wartime measures"
implemented after the October 1 invasion of Rwanda by Tutsi
exiles effectively prohibit public assemblies of more than a
few persons. The 7 p.m. to 5 a.m. curfew in force at the end
of the year precluded the possibility of evening meetings.
Government troops used excessive force in controlling a
violent altercation between students and local police
officials at the National University in Butare in May. The
students were reacting to alleged police brutality in
controlling a student crowd at an outdoor rock concert (see
Section 1 . a . ).
c. Freedom of Religion
Freedom of religion is provided for in the Constitution, and
generally accorded to mainstream religious denominations.
However, the Government continues to discriminate against, and
local officials harass, some 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. Four Rwandan Witnesses were convicted in the Security
Court of Kigali on April 30 of "political crimes," including
showing disrespect to the national flag. The Court found
"aggravating circumstances" related to the offenses, including
an attitude of contempt for the judicial process and rejected
the government prosecutor's request for a light sentence.
Instead, it meted out an unusually stiff sentence of 10 year's
imprisonment. Three of these Witnesses benefited from
presidential clemency in September and were released. The
fourth Witness successfully appealed his conviction to the
Supreme Court, but remains in detention pending a retrial.
Foreign clergy are able to practice their religions 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 country.
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 in theory subject to fines and even imprisonment.
Undocumented tenants are subject to expulsion.
Passports for foreign travel are obtained by Rwandans with
little difficulty and cost the equivalent of $20. Exit visas
are not required. Properly documented Rwandans may emigrate.
Wartime measures implemented after the October 1 invasion of
Rwanda, which remain valid indefinitely, severely limit
freedom of movement within the country for Rwandans and
expatriates alike. Special authorizations from the local
authorities or the Ministry of Defense are required to operate
a vehicle in Kigali and other urban centers. Additional
authorizations are required for travel between prefectures.
As a result of the conflict, an estimated 16,000 Rwandans fled
into neighboring countries, principally Uganda. While the
majority of the new refugees were Tutsis, many Hutu also
fled. An estimated 3,000 persons were temporarily displaced
within Rwanda. By the end of 1990, an estimated 5,000 of the
refugees who had fled into Uganda had returned to Rwanda, and
persons displaced within Rwanda had returned to their homes.
According to United Nations High Commissioner for Refugees
(UNHCR) and other sources, there are an estimated 200,000 to
500,000 Rwandan refugees in neighboring countries. Most are
ethnic Tutsis who fled Rwanda during the revolution of 1959,
which overthrew the Tutsi monarchy, and subsequent ethnic
violence associated with independence in 1962. In public
pronouncements after the October 1 invasion of Rwanda,
President Habyarimana explicitly recognized the refugees'
right of return and called on the international donor
community to assist Rwanda in receiving larger numbers of
refugees. It is generally believed that very few refugees
actually wish to return to Rwanda, although the principle of
Rwandan citizenship is an important issue to them. The
Government in the past has cited lack of land and heavy
population density as reasons precluding a large-scale
repatriation of refugees, although it did permit repatriation
on a "case-by-case" basis. The Government has encouraged
countries hosting the refugees to naturalize them. Many more
ethnic Rwandans , perhaps numbering in the millions, reside in
neighboring countries due to boundary demarcations in the
colonial era that granted formerly Rwandan territory to Uganda
and Zaire. These persons are not considered refugees.
Rwanda hosts 19,000 Burundi refugees (mainly Hutu) who fled
the 1972 massacres. Most of these refugees have been
integrated into Rwandan society, although they retain Burundi
citizenship and refugee status. In mid-1988, some 47,000
Burundi nationals (mainly Hutus) fleeing ethnic violence again
sought refuge in Rwanda. The Rwandan Government refused to
accord official refugee status to this group but did grant
temporary asylum. Working with a quadripartite group composed
of Rwanda, Burundi, Zaire, and the UNHCR, the Government
facilitated their voluntary return to Burundi by the end of
1988. In late 1990, approximately 1,000 Burundi refugees who
refused to return remained in a UNHCR refugee camp in central
Rwanda. Rwanda has asked the UNHCR to resettle this group in
a third country.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Rwandans currently do not have the right to change their
national government through democratic means. In late
December the Government published a draft National Political
Charter which is scheduled to be voted on by national
referendum in June 1991. The Charter establishes the
framework for multiparty democracy and limits the President's
tenure in office to two consecutive 5-year terms. President
Habyarimana has offered to include Rwandan refugees living
abroad in the political reform dialog in Rwanda and has
invited opposition elements to begin coalescing into groups
that could form the basis for future political parties.
Despite projected changes in the future, the MRND remained in
1990 the sole body permitted political activity. It is
dominated by President Habyarimana who also holds the position
of President of the MRND. The President and party leaders
make all policy decisions and nominate all candidates for
public office. The MRND President chooses the Central
Committee members and is the only constitutionally recognized
candidate for President of the country. Every citizen is
automatically a party member and is required to pay party dues
representing 2 days' pay per year.
The political arm of the Rwandan Patriotic Front (RPF) is
reportedly headed by Alexis Kanyarengwe, a former Rwandan army
officer who helped President Habyarimana seize power in 1973
and later fled Rwanda in 1980 after an alleged coup attempt.
The RPF claims to represent all Rwandans, but it is primarily
an ethnically based organization involving Tutsi exile
communities throughout East Africa and Western Europe. The
RPF has called for a democratic multiparty system based on
"free and fair elections." It alleges that it invaded Rwanda
and continues to fight to permit "the 2 million Rwandese
refugees ' to return home, to overcome discrimination in
employment and education, and to stop corruption and
mismanagement of the Rwandan economy.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The establishment on September 30 of the first local
organization to report on human rights practices in Rwanda,
the Rwandan Human Rights Association (ARDHO) , was eclipsed by
the October 1 invasion. The ARDHO issued a press release
after the invasion calling for fair treatment of detainees and
a peaceful solution of the military conflict. The Government
has not attempted to interfere in the Association's activities.
Rwanda cooperates with visiting delegations from such human
rights groups as Amnesty International (AI) and the ICRC. An
AI observer arrived in Rwanda in late December to monitor the
trial of suspected RPF collaborators. Resident diplomats and
ICRC officials have visited Rwandan prisons on several
occasions since the October 1 invasion to inspect conditions
and interview detainees. Observers from resident diplomatic
missions and international human rights organizations
witnessed the April trial of a political prisoner. Dr. Aloys
Sebiziga, who was ultimately acquitted together with two
associates.
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 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. 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."
In November the Government officially rescinded the legal
requirement that ethnic origin be listed on identity
documents. However, an existing informal ethnic quota system
is likely to continue to be practiced. This system allocates
sought-after positions in academia, the civil service, and
military to members of Rwanda's two principal ethnic groups
based roughly on the proportion of Hutus and Tutsis in the
general population. This tends to limit the access of Tutsis
to education and important positions in the Government and
military. Tutsis are well represented in private business and
the clergy.
In response to the October 1 invasion, the Government
initially targeted thousands of Rwandan Tutsis for detention
and harassment on the assumption that they might sympathize
with the invaders.
Despite the language in the Constitution, women continue to
face serious de facto discrimination. Women have fewer
opportunities for education, employment, and promotion, and
they perform most of the subsistence agricultural labor.
Women's rights to property are limited, and women are not
treated equally in divorce proceedings. However, the
President has been an outspoken advocate of women's rights,
encouraging family planning efforts and promoting women to
positions of responsibility in the Government. The Government
has completed revision of the Rwandan family code, which at
the end of 1990 was awaiting the President's signature for it
to take effect. The new code, drafted in 1988, modernizes
Rwandan laws concerning marriage, divorce, the status of
children born out of wedlock, and child custody and other
elements of family law. The delay in implementing the code
reflects more a lack of organized interest in, rather than
opposition to, improving women's rights. There are currently
few organizations promoting women's interests in Rwanda, but
their numbers are growing. URAMA, a women's association which
is an adjunct of the sole political party, was only formed in
1989. Two organizations dedicated to assisting women in
business established a national headquarters in 1990.
Violence against women is socially accepted in the less
developed rural areas, but it is neither encouraged nor
permitted by law. In public places, women are often observed
to be subject to low-level aggression, such as shoving and
pushing. 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. Neither the Government nor
URAMA has addressed the issue of violence directly. Female
circumcision is not practiced.
Section 6 Worker Rights
a. The Right of Association
The 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.
The draft National Political Charter published in December
explicitly guarantees the right of association and freedom to
create professional associations and labor unions. However,
labor organizations have only recently begun to develop, and
the Government to date has allowed only one labor federation,
the Central Union of Rwandan Workers (CESTRAR), which is
integrated into the sole political party, the MRND . The
CESTRAR is scheduled to be separated from the Government and
the MRND as part of the package of political reforms now under
consideration. Union membership (open to all salaried
workers) is optional. CESTRAR leadership focuses 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/MRND . There was one strike in 1989, which occurred
without the CESTRAR' s authorization. The dispute between
workers and management at the national brewery was quickly and
successfully mediated by CESTRAR officials. No strikes were
reported in 1990. The 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.
b. The Right to Organize and Bargain Collectively
Pending adoption of the recently published National Political
Charter and modification of trade union legislation, the Labor
Code grants the right to organize "professional organizations"
and to engage in collective bargaining with employers within
the framework of the CESTRAR. At the end of 1990, the CESTRAR
was representing workers at a new textile factory in wage
negotiations with management. There are no legal bars to
antiunion discrimination, but such discrimination does not
occur in practice. Approximately 75 percent of the industrial
work force is unionized. 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. Most citizens are expected to participate in
community service programs as part of the National Development
Program.
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 m.ay 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 inadeqxiate to
provide a decent standard of living for urban families and is
often supplemented by work in petty commerce or agriculture.
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. 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.310
