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Rwanda

Section 2. Respect for Civil Liberties

The constitution provides for freedom of expression, including for members of the press and other media “in conditions prescribed by the law,” but the government severely restricted this right. Journalists reported government officials questioned, threatened, and at times arrested journalists who expressed views deemed critical of the government on sensitive topics. Government failure to investigate or prosecute attacks on human rights defenders and journalists led to de facto restrictions on freedom of expression.

The Rwanda Media Commission (RMC), a self-regulatory body, sometimes intervened on journalists’ behalf but was generally viewed as biased towards the government. Journalists reported most positions on the RMC board were filled in close consultation with the government and called into question the board’s independence. Journalists engaged in self-censorship to avoid potential problems or retaliatory responses from the government.

Freedom of Expression: There were no official restrictions on individuals’ right to criticize the government publicly or privately on policy implementation and other topics, but broad interpretation of provisions in the law had a chilling effect on such criticism. The government generally did not tolerate criticism of the presidency and government policy on security, human rights, and other matters deemed sensitive.

Laws prohibiting divisionism, genocide ideology, and genocide denial were broadly applied and discouraged citizens, residents, and visitors to the country from expressing viewpoints that could be construed as promoting societal divisions.

In September the government convicted Yvonne Idamange of six counts, including inciting an insurrection, denigrating genocide commemorations, and publication of rumors. In February Idamange posted a series of videos on YouTube, originally containing complaints regarding the government’s COVID-19 response. The minister of culture reportedly visited Idamange to warn her to stop publicly criticizing the government, to which she responded with escalating frustration in several videos where she proceeded to accuse the government of misusing genocide memorials for its own interests without regard for victims. She further claimed that the president was “a dead body” and called on the RDF to take charge of the government. She was sentenced to 15 years in prison.

The law prohibits making use of speech, writing, or any other act that divides the populace or may set them against each other or cause civil unrest because of discrimination. Conviction of “instigating divisions” is punishable by five to seven years’ imprisonment and a substantial monetary fine. Authorities applied the laws broadly, including to silence political dissent and to shut down investigative journalism. The law also prohibits spreading “false information or harmful propaganda with intent to cause public disaffection against the government,” for which conviction is punishable by seven to 10 years’ imprisonment. The government generally investigated individuals accused of threatening or harming genocide survivors and witnesses or of espousing genocide ideology.

A revised law enacted in 2018 incorporates international definitions for genocide and outlines the scope of what constitutes “genocide ideology” and related offenses. Specifically, the law provides any person convicted of denying, minimizing, or justifying the 1994 genocide is liable to a prison term of five to seven years and a substantial monetary fine. Authorities applied the statute broadly, and there were numerous reports of its use to silence persons critical of government policy.

The RIB and RNP reported opening 83 new investigations related to genocide ideology statutes as of May, with 66 resulting in arrests as of September 16.

Freedom of Expression for Members of the Press and Other Media, Including Online Media: Vendors sold newspapers published in English, French, and Kinyarwanda. According to the RMC, there were 36 print media outlets registered with the government, although many of these did not publish regularly. Sporadically published independent newspapers maintained positions in support of, or critical of, the government, but a lack of advertisement revenue and funds remained serious hurdles to independently continuing operations. Most independent newspapers opted not to publish print editions and released their stories online instead. There were 35 radio stations (six government-owned community radio stations and 29 independent radio stations) and more than 13 television stations, according to the RMC. Independent media reported a difficult operating environment and highlighted the reluctance of the business community to advertise on radio stations that might be critical of the government.

The law regulating media provides journalists the freedom to investigate, express opinions, and “seek, receive, give, and broadcast information and ideas through any media.” The law explicitly prohibits censorship of information, but censorship occurred. The laws restrict these freedoms if journalists “jeopardize the general public order and good morals, an individual’s right to honor and reputation in the public eye and to the right to inviolability of a person’s private life and family.” Observers stated the government used ambiguities in these statutes to threaten journalists and suppress reporting deemed critical of the government. By law authorities may seize journalists’ material and information if a “media offense” occurs, but only under a court order. Courts may compel journalists to reveal confidential sources in the event of an investigation or criminal proceeding. Persons wanting to start a media outlet must apply with the “competent public organ.” All media rights and prohibitions apply to persons writing for websites. Independent YouTube journalists reported the government used media laws and registration requirements to criminalize citizen reporting and threatened individuals producing content deemed sensitive or critical of the government. The RMC maintained unaccredited individuals conducting interviews and posting them on personal YouTube channels did not qualify as journalists.

Violence and Harassment: Media professionals reported the government continued to use threats of arrests and physical violence to silence media outlets and journalists. Several journalists who fled in prior years remained outside the country. Failure to investigate or prosecute threats against journalists resulted in self-censorship.

In March Human Rights Watch reported on the cases of multiple independent YouTube journalists whom it believed were arrested and tried for making comments critical of the government. On October 13, police arrested Theoneste Nsengimana, the owner of Umubavu TV, a YouTube channel with more than 16 million views, for “spreading rumors intended to mobilize the public against the government.” Nsengimana’s YouTube channel presented content aligned with the unregistered opposition party DALFA Umurinzi.

Censorship or Content Restrictions: The law allows the government to restrict access to some government documents and information, including information on individual privacy and information or statements deemed to constitute defamation. Observers reported harassment, suspicious disappearances, and the fear of prosecution pushed many journalists to engage in self-censorship. Reporters Without Borders continued to report that censorship remained ubiquitous, and self-censorship was widely used to avoid running afoul of the regime. Reporters Without Borders historically reported that foreign journalists were often unable to obtain the visas and accreditation needed to report in Rwanda, although foreign journalists traveled to the country without incident to cover prominent stories, including the trial of Paul Rusesabagina.

Radio stations broadcasted some criticism of government policies, including on popular citizen call-in shows; however, criticism tended to focus on provincial leaders and local implementation of policies rather than on the president or ruling party leadership. Some radio stations, including Radio 1, Radio Isango Star, Radio 10, and Radio Salus, had regular call-in shows that featured discussion of government programs or policies. For example, Radio Flash and Radio Isango Star hosted several debates in which participants criticized government policies on human rights and social topics.

Libel/Slander Laws: In 2019 parliament decriminalized the use of words, gestures, writings, or cartoons to humiliate members of parliament, members of the cabinet, security officers, or any other public servant, not including the president. Parliament later amended the law to make the provision apply to the president as well. Defamation of foreign and international officials and dignitaries remains illegal under the law, with sentences if convicted of three to five years’ imprisonment. The law does not contain provisions criminalizing public defamation and public insult in general.

National Security: Under media laws, journalists must refrain from reporting items that violate “confidentiality in the national security and national integrity” and “confidentiality of judicial proceedings, parliamentary sessions, and cabinet deliberations in camera.” Authorities used these laws to intimidate critics of the government and journalists covering politically sensitive topics and matters under government investigation. After arresting Theoneste Nsengimana in October, the RIB issued a public statement urging citizens to be wary of social media commentators seeking to undermine national security and the government.

The government restricted freedoms of peaceful assembly and association. The government’s failure to investigate or prosecute attacks on human rights defenders also de facto increased such restrictions.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/ .

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government accepted former Rwandan combatants who returned from the Democratic Republic of the Congo (DRC). The Rwandan Demobilization and Reintegration Commission, with international support, placed adult former combatants in a three-month re-education program at the Mutobo Demobilization Center in Northern Province. After completion, each adult former combatant was enrolled automatically in the RDF Reserve Force and received a cash allowance. The Musanze Child Rehabilitation Center treated former child combatants.

In-country Movement: Due to the COVID-19 pandemic, the government enforced a curfew that prohibited in-country movement during certain hours of the day. As of November, movements were prohibited between midnight and 4 a.m.

Foreign Travel: The law allows a judge to deprive convicted persons of the right to travel abroad as a stand-alone punishment or as punishment following imprisonment. Government officials must obtain written permission from the Office of the Prime Minister or the president before traveling abroad for official or personal reasons. The government restricted the travel of existing and former security-sector officials. The government continued to advise citizens to avoid traveling to Uganda due to safety concerns. The government at times characterized travel warnings as advisories rather than prohibitions, but nevertheless there were reports authorities prevented some citizens from traveling to Uganda and Burundi.

Not applicable.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, or asylum seekers, as well as other persons of concern. As of October the government hosted approximately 49,000 Burundian refugees and asylum seekers and more than 77,000 Congolese refugees and asylum seekers.

UNHCR, under an agreement with the government and 14 host countries, recommended in 2015 the invocation of the “ceased circumstances” clause for Rwandans who fled the country between 1959 and 1998 with an agreement with African states hosting Rwandan refugees that refugees were to be assisted in returning to the country or obtaining legal permanent residency in host countries by the end of 2017. The cessation clause forms part of the 1951 Refugee Convention and may be applied when fundamental and durable changes in a refugee’s country of origin, such that they no longer have a well-founded fear of persecution, remove the need for international protection. Approximately 3.5 million citizens had returned since the late 1990’s. The government worked with UNHCR and other aid organizations to assist newly returned citizens, most of whom resettled in their districts of origin.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government continued to grant prima facie refugee status to Burundian refugees who had fled instability after Burundi’s 2015 presidential election. For other nationalities, significant delays existed in the application of individual refugee status determinations. An interagency committee that makes individual refugee status determinations in cases where claimants are not eligible for prima facie refugee status met infrequently.

Freedom of Movement: The law does not restrict freedom of movement of asylum seekers, but refugees continued to experience delays in the issuance of identity cards and convention travel documents. Authorities sometimes restricted access to the camps for external visitors and international staff due to COVID-19 prevention measures.

Employment: No laws restrict refugee employment, and the government continued to support employment programs and financial inclusion initiatives benefitting both refugees and their host communities. Many refugees, however, were unable to find local employment. A 2019 World Bank study found local authorities and businesses often were unaware of refugees’ rights with respect to employment.

Durable Solutions: The government assisted the safe, voluntary return of refugees to their countries of origin and sought to improve local integration of refugees in protracted stays by permitting them to accept local employment and move freely in the country and by establishing markets to facilitate trade between refugees and local citizens. In 2019 the government, UNHCR, and the African Union signed a memorandum of understanding to set up a transit mechanism for evacuating refugees from Libya. The mechanism provides a framework for the country to temporarily host these individuals, who would eventually be resettled in third countries, helped to return to countries where asylum had previously been granted, helped to return to their home countries, or granted permission to remain in Rwanda. More than 300 refugees were in the country under the auspices of the transit mechanism as of July. In cooperation with UNHCR and the government of Burundi, the government continued to facilitate the voluntary repatriation of refugees to Burundi, reaching a total of approximately 28,000 persons by September 1.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees. For example, after the Taliban seized control of Afghanistan, the government allowed some Afghans (notably scholars and educators) to temporarily relocate to the country.

UNHCR reported providing technical support to the government to finalize a multiyear national action plan and to conduct a pilot survey to identify stateless persons in the country. UNHCR also supported the development of a training manual on statelessness to build capacity among key stakeholders, including government officials. In July the government finalized a new citizenship law. This law allows stateless persons to acquire Rwandan citizenship, provided they do not pose a threat to national security.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape of men and women and spousal rape, and the government handled rape cases as a judicial priority. Penalties for conviction of rape range from 10 years’ to life imprisonment with substantial monetary fines. Penalties for conviction of committing physical and sexual violence against one’s spouse range from three to five years’ imprisonment.

Domestic violence against women and children remained common. Civil society organizations and NGOs reported this trend appeared to increase during the COVID-19 pandemic, although precise data was unavailable. Authorities encouraged reporting of domestic violence cases, although most incidents remained within the extended family and were not reported or prosecuted.

Police headquarters in Kigali had a hotline for domestic violence. Several other ministries also had free gender-based violence hotlines. Each of the 78 police stations nationwide had its own gender desk, an average of three officers trained in handling domestic violence and gender-based violence cases, and a public outreach program. The government operated 44 one-stop centers throughout the country, providing free medical, psychological, legal, and police assistance to survivors of domestic violence.

The government continued its whole-of-government, multistakeholder campaign against gender-based violence, child abuse, and other types of domestic violence. Gender-based violence was a required training module for police and military at all levels and was included for all troops and police preparing for deployment to peacekeeping missions abroad. In September the president made remarks to judicial officials calling for tougher treatment of gender-based violence offenders.

Sexual Harassment: The law prohibits sexual harassment and provides for penalties of six months’ to one year’s imprisonment and monetary fines. The penalties are increased when the offender is an employer or other person of authority and the victim is a subordinate. Nevertheless, advocacy organizations reported sexual harassment remained common, and enforcement was lax.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

According to the United Nations, the estimated maternal mortality ratio decreased from 373 deaths per 100,000 live births in 2010 to 248 in 2017, with a lifetime risk of maternal death of one in 94. The most recent domestic surveys from 2020 put the ratio at 210 deaths per 100,000 live births. Major factors influencing maternal mortality included low clinical capacity of health providers, absence of equipment and commodities, and patients delaying seeking timely care. UN reporting indicated that 94 percent of births were attended by skilled health personnel.

The UN Population Fund estimated 70 percent of girls and women ages 15 and 49 made their own decisions regarding health care, the use of contraception, and whether to engage in sexual activity. The United Nations reported 53 percent of women had access to modern family planning methods, whereas the most recent domestic surveys of 2020 reported 58 percent had access. Parental consent is required for minors (individuals younger than 18 years of age) to access family planning services. The country’s adolescent birth rate was 41 births per 1,000 women between 15 and 19 years of age, according to UN sustainable development goal datasets. While there is no policy restricting reproductive health service access for LGBTQI+ persons, there are no protections, and LGBTQI+ persons and organizations reported societal discrimination as a barrier when seeking services.

In some households, there were cultural and social barriers to conversations regarding adolescents seeking reproductive health services.

Some women and girls missed classes at school due to economic factors that made it difficult for them to access menstruation hygiene products. By law schools are required to ensure pregnant girls continue their education, and the government enforced the law. Nonetheless, some pregnant girls stopped attending school due to social stigma.

The government provides sexual and reproductive health services (including emergency contraceptives) for survivors of gender-based violence via the country’s network of Isange One Stop Centers.

Discrimination: Women have the same legal status and are entitled to the same rights as men, including under family, labor, nationality, and inheritance laws. The law allows women to inherit property from their fathers and husbands, and couples may make their own legal property arrangements. Women experienced some difficulties pursuing property claims due to lack of knowledge, procedural bias against women in inheritance matters, multiple spousal claims due to polygyny, and the threat of gender-based violence. The law requires equal pay for equal work and prohibits discrimination in hiring decisions. There are no known legal restrictions on women’s working hours or employment in the same occupations, tasks, and industries as men. Studies in previous years indicated few persons reported gender-based discrimination in workplaces, and most individuals were either unaware of it or unwilling to discuss it. Experts concluded gender-based discrimination remained underreported, in part because victims of discrimination feared losing their employment.

After the 1994 genocide that left many women as heads of households, women assumed a larger role in the formal sector, and many operated their own businesses. The law governing matrimonial regimes stipulates joint land title ownership for a husband and wife who are legally married. Nevertheless, men owned the major assets of most households, particularly those at the lower end of the economic spectrum, making bank credit inaccessible to many women and rendering it difficult to start or expand a business.

The constitution provides for the eradication of ethnic, regional, and other divisions in society and the promotion of national unity. Long-standing tensions in the country culminated in the 1994 state-orchestrated genocide that killed between 750,000 and one million citizens, approximately three-quarters of the Tutsi population. Since 1994 the government has called for national reconciliation and abolished the policies of the former government that created and deepened ethnic cleavages. The government removed all references to ethnicity in official discourse except for references to the genocide, which was officially termed “the genocide against the Tutsi in Rwanda” in the country and at the United Nations, and eliminated ethnic quotas for education, training, and government employment.

The law protects all citizens regardless of ethnic affiliation, and the government does not recognize any ethnic affiliation. Genocide denial and divisionism statutes criminalize efforts to minimize or deny genocide crimes against the Tutsi population in 1994. The law makes it illegal to discriminate against anyone based on ethnicity or country of origin or otherwise create fissures in the society along ethnic lines.

Some individuals said the government’s reconciliation policies and programs failed to recognize Hutu victims of violence during the genocide or crimes committed by the RPF after the end of the genocide, whereas others noted the government focused positive attention on Hutus who risked their lives to save Tutsis or members of mixed families during the genocide.

After the genocide the government banned identity card references to Hutu, Tutsi, or Twa ethnicity and prohibited social or political organizations based on ethnic affiliation. As a result, the Twa, who during the year numbered approximately 34,000, lost their official designation as an ethnic group, and the government no longer recognized groups advocating specifically for Twa needs. Some Twa believed this government policy denied them their rights as an indigenous ethnic group in that it failed to provide them with adequate economic and social protections (access to higher education opportunities, for example) commensurate with their historically marginalized status in society dating back to the precolonial period.

Children

Birth Registration: Children derive citizenship from their parents. Children born to at least one citizen parent automatically receive citizenship. Children born in the country to unknown or stateless parents automatically receive citizenship. Minor children adopted by citizens, irrespective of nationality or statelessness, automatically receive citizenship. Children retain their citizenship in the event of dissolution of the parents’ marriage. Birth registrations were generally performed immediately at hospitals and birth centers. If a birth occurred elsewhere, the birth could be registered upon the presentation of a medical birth certificate at the sector level. The government cooperated with humanitarian organizations to conduct birth registration in refugee camps. There were no reports of unregistered births leading to denial of public services.

Education: The government provides compulsory and tuition-free universal public education for six years of primary education for boys and girls by law. By policy the government also provides six years of tuition-free secondary education, although only the first three years of secondary education are compulsory. Parents were not required to pay tuition fees, but they often had to pay high fees for teachers’ incentives and meal expenses, according to domestic observers. This at times posed obstacles for members of marginalized groups and others with limited economic resources.

Child Abuse: The law criminalizes abuse, including violence against children, child abandonment, and forced begging. Officials enforced the law, and the president made public remarks regarding the importance of prosecuting offenders. While statistics on child abuse were unreliable, such abuse was common within the family, in the village, and at school. The Rwanda Violence against Children and Youth Survey (2018) indicated most sexual abuse perpetrated against women ages 19 to 24 occurred in public urban areas such as on the street (42 percent of cases) or in the victim’s home (32 percent). For men the main locations were the victim’s home (27 percent), urban street areas (23 percent), and rural land areas (17 percent).

As in previous years, the government conducted a high-profile public awareness campaign against gender-based violence and child abuse. The government supported a network of one-stop centers and hospital facilities that offered integrated police, legal, medical, and counseling services to victims of gender-based violence and child abuse. In partnership with UNICEF, the National Commission for Children (NCC) maintained a corps of 29,674 community-based “Friends of the Family” volunteers (two for each of the country’s 14,837 villages) to help address gender-based violence and child protection concerns at the village level.

Child, Early, and Forced Marriage: The minimum age for marriage is 21; the government strictly enforced this requirement. Anecdotal evidence suggested child marriage sometimes occurred in line with traditional norms in rural areas and refugee camps but rarely in urban areas and not with government recognition.

Sexual Exploitation of Children: By law, sexual relations with a child younger than 18 constitutes child defilement (statutory rape), which is punishable by 20 years to life in prison, depending on the age of the victim.

The law prohibits sexual exploitation of children and child pornography. Conviction statistics were not available. The law prohibits the commercial sexual exploitation of children.

Displaced Children: There were numerous street children throughout the country. Authorities gathered street children in district transit centers before returning them to their home areas or placing them in rehabilitation centers. In 2020 HRW reported authorities abused street children in the transit centers and held them under harsh conditions (see section 1.c., Prison and Detention Center Conditions). Conditions and practices varied at 29 privately run rehabilitation centers for street children.

UNHCR continued to accommodate in the Mahama refugee camp unaccompanied and separated minors who entered the country as part of an influx of refugees from Burundi since 2015. Camp staff provided additional protection measures for these minors.

Institutionalized Children: The country regulated and maintained facilities providing care for children with disabilities when needed. Studies in previous years stated some institutions lacked the capacity to provide adequate care for these children. The government took steps to transfer orphans from institutional settings to host families and to close centers not meeting standards of care for children with disabilities.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html .

There was a very small Jewish population, consisting entirely of foreigners; there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report https://www.state.gov/trafficking-in-persons-report/ .

The law affords persons with disabilities the right of access to education, health services, public buildings, and transportation on an equal basis with others, but the government did not always enforce the law. Government information and communication was not usually available in accessible formats.

The law mandates access to public facilities (including schools and transportation services), accommodations for taking national examinations, provision of medical care by the government, and monitoring of implementation by the NCHR. Despite a continuing campaign to create a barrier-free environment for persons with disabilities, accessibility remained a problem throughout the country, including in public buildings and public transport, although a limited number of public buses could accommodate persons with disabilities. The National Council on Persons with Disabilities and the Rwanda National Union of the Deaf reported working to compile a sign language dictionary.

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions.

There were no legal restrictions or extra registration steps for citizens with disabilities to vote, and registration could be completed online. Braille ballots were available for the 2018 parliamentary elections. Observers noted some polling stations were inaccessible to persons with disabilities and that some election volunteers appeared untrained on how to assist voters with disabilities.

Many children with disabilities did not attend primary or secondary school. Those who attended generally did so with peers without disabilities. The Rwanda Education Sector Strategic Plan of 2013-18 confirmed that more children with disabilities had never attended school than those without disabilities (27 percent versus 14 percent). More children with disabilities dropped out of school than children without disabilities (9 percent versus 6 percent). Few students with disabilities reached the university level because many primary and secondary schools did not provide reasonable accommodations.

Some citizens viewed disability as a curse or punishment that could result in social exclusion and sometimes abandoned or hid children with disabilities from the community.

The law provides for imprisonment of up to six months or a monetary fine or both for persons convicted of stigmatizing a sick person without the intention to protect the sick person or others. There were no reports of prosecutions under this statute. In 2020 the country completed a survey to assess HIV-related stigma and discrimination and inform advocacy efforts and adjustments to program design. The survey reported discrimination against persons with HIV and AIDS occurred, although such incidents remained rare. The government actively supported relevant public education campaigns, including by establishing HIV and AIDS awareness clubs in secondary schools and making public pronouncements against stigmatization of those with the disease.

The law also provides stiffer penalties for conviction of rape and defilement in cases of transmission of an incurable illness. In most cases of sexual violence, the victim and alleged perpetrator both undergo HIV testing.

According to RDF policy and in keeping with UN guidelines, the military did not permit its members with HIV and AIDS to participate in peacekeeping missions abroad but allowed them to remain in the RDF.

Advocates reported law enforcement officials routinely abused LGBTQI+ persons in transit centers, with transgender persons targeted for particularly severe hate speech and violence. The government did not report investigating these cases.

No laws criminalize sexual orientation or consensual same-sex sexual conduct between adults. The law does not explicitly prohibit discrimination against LGBTQI+ persons in housing, employment, nationality laws, or access to government services such as health care. Cabinet-level government officials expressed support for the human rights of all persons regardless of sexual orientation, but LGBTQI+ persons reported societal discrimination and abuse, including problems officially registering NGOs.

Other Societal Violence or Discrimination

Laws protecting persons with disabilities applied to persons with albinism, but persons with albinism continued to experience persistent societal discrimination.

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