Rwanda
will in November appear before the UN Human Rights Council to defend
its human rights record as part of the Universal Periodic Review (UPR),
and it is particularly expected to give an update on the recommendations
made in the previous review.
UPR is a state-driven process that involves a review of the human rights record of all UN member states.
In
2011, Rwanda accepted to implement 67 UNHRC recommendations relating to
human rights practices in the country and, according to Justice
Minister Johnston Busingye, much progress has been made.
“Today,
we are happy to be at over 80 per cent of implementation of the
recommendations. We don’t count the UPR process as simply a submission
of report or as implementation of recommendation; we count it as
something which Rwandans need, a public good for Rwandans, so when we
are doing this, we are not looking at satisfying anyone in Geneva,” said
Busingye referring to the UNHRC headquarters.
Although
Rwanda accepted to take on the recommendations in 2011, the country
started the review in June last year and, as of today, according to the
justice minister, 55 of the recommendations have been fully implemented.
“Twelve
of them are in the process; among these include nine that will be fully
implemented by April 30 and three recommendations might remain work in
progress even after we have submitted our report,” Busingye, who is also
the Attorney-General, said.
Some
of the implemented recommendations include the smooth winding up of the
Gacaca court system and having in place a mechanism for dispute
resolution on the cases of Genocide after Gacaca had closed.
“We
also have a set of new laws that advance freedoms of expression and
association, access to information, organisation of political parties’
functions and several laws that have made strategic inroads along these
areas,” the minister said.
The Penal Code
Among
other key achievements include the legal aid and justice for children
policies, which are currently being transformed into Bills, he said.
However,
government may need to amend some major legal instruments like the
Penal Code to pave way for full implementation of the recommendations.
One
of the reasons that may necessitate amendment of the Penal Code is the
possible deletion of the life sentence in solitary confinement, which
was introduced after the country repealed the death penalty.
“My
experience and discussions with people working with Rwanda Correctional
Services is that this kind of punishment is in the documents more than
it is in practice because we don’t have any individual in solitary
confinement,” Busingye said.
Rwanda will also be required to have a national human rights policy before November.
The
review process involves several stakeholders including the One UN
office and the civil society, who believe Rwanda has made tremendous
progress in delivering on the UPR but still has some unfinished
business.
According
to Nadine Rugwe, the head of the democratic governance and peace
consolidation unit at One-UN Rwanda, the country ratified most core
human rights treaties except for the Convention for the Protection of
All Persons from Enforced Disappearance and the Optional Protocol to the
Convention against Torture.
“There
is also need to accelerate the revision of the law relating to the
punishment of the crime of genocide ideology and awareness of national
policy on elimination of worst forms of child labour,” she said.
Key areas to address
Among
other key areas that she pointed out which the government needs to
address before November, include refugees in Rwanda who have no access
to Ubudehe Social Stratification Scheme, which affect their rights to
access to some basic services.
The
Executive Director of Legal Aid Forum, Andrews Kananga, headed a team
of civil society organisations that assessed Rwanda’s UPR performance.
Among
the key observations that the civil society brought to table include
the need for an amendment of the law on political organisations and
politicians where Rwanda removed mandatory membership to the
Consultative Forum of Political Parties.
However,
Kananga criticised Article 20 of the law governing political parties
that requires parties wishing to hold a demonstration to inform and
request authorisation of the relevant authorities at least five working
days before the event, saying the clause hinders the right to assembly
as required by the constitution.
Minister Busingye said Rwanda needs cooperation with all stakeholders to deliver on its promises.
Source: New Times
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