Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of expression, including for the press “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.
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.
Freedom of Expression: There were no official restrictions on individuals’ right to criticize the government publicly or privately on policy implementation and other issues, but broad interpretation of provisions in the penal code 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.
Joseph Nkusi, a founding member of the Ishema party, remained in prison after being convicted of inciting civil disobedience and spreading rumors and sentenced to 10 years’ imprisonment by the Kigali High Court in 2018. Nkusi moved to Norway in 2009 where he applied for asylum and started a blog that was blocked by the Rwandan government. In 2016 he was deported back to his country of origin where he was arrested and charged. On July 17, an appellate court heard his appeal, but the court had not issued a ruling as of August 15.
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. For example, in January journalist Rene Hubert Nsengiyumva was arrested after he hosted a television program in which a speaker argued some candidates in the Miss Rwanda competition deserved to lose because they looked more like “Ethiopians” than “real Rwandans.” The National Commission for the Fight against Genocide condemned the comments, recalling that perpetrators of the 1994 genocide had often characterized their Tutsi victims as “Ethiopian” intruders. Nsengiyumva was released approximately two months after his arrest. 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 fines of 500,000 to one million Rwandan francs ($550 to $1,100). 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 investigated and prosecuted individuals accused of threatening or harming genocide survivors and witnesses or of espousing genocide ideology.
A revised genocide ideology law enacted in 2018 incorporated international definitions for genocide and outlined the scope of what constitutes “genocide ideology” and related offenses. Specifically, the law provides that any person convicted of denying, minimizing, or justifying the 1994 genocide is liable to a prison term of five to seven years and a fine of 500,000 to one million Rwandan francs ($550 to $1,100). Authorities applied the statute broadly, and there were numerous reports of its use to silence persons critical of government policy.
The RNP reported fewer individuals were arrested in April during the genocide commemoration period for spreading genocide ideology than in the preceding year.
Press and 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 challenges to continuing operations. Most independent newspapers opted not to publish print editions and released their stories online instead. There were 34 radio stations (six government-owned community radio stations and 28 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.
Media professionals reported government officials sought to influence reporting and warned journalists against reporting information deemed sensitive or critical of the government.
The law 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.” 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.
Violence and Harassment: Media professionals reported the government continued to use threats of arrests and physical violence to silence media outlets and journalists. Journalist Jean Bosco Kabakura remained outside the country after fleeing in 2018 because of threats related to his publication of an article examining the roles of police, military, and civilian authorities in the shooting of refugees from the Kiziba refugee camp earlier in 2018. Several other journalists who fled in prior years remained outside the country.
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. Reporters Without Borders reported that while the number of abuses registered against journalists had fallen in prior years, censorship remained ubiquitous, and self-censorship was widely used to avoid running afoul of the regime. Reporters without Borders also reported that foreign journalists were often unable to obtain the visas and accreditation needed to report in Rwanda.
Radio stations broadcast 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, 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 a number of debates in which participants criticized government policies on human rights and social issues.
Libel/Slander Laws: On April 24, the Supreme Court ruled unconstitutional provisions of the penal code that made it illegal to use words, gestures, writings, or cartoons to humiliate members of parliament, members of the cabinet, security officers, or any other public servant. The court upheld a provision stating that conviction of insulting or defaming the president is punishable by five to seven years’ imprisonment and a fine of five million to seven million Rwandan francs ($5,490 to $7,690). In response the Office of the President issued a statement taking issue with the court’s decision to uphold that provision and called for continued debate of the issue, explaining that the president believed this should be a civil matter, not a criminal matter. Parliament began considering revisions to the penal code to reflect the Supreme Court decision and the president’s views, but it had not completed those deliberations as of October 1. Defamation of foreign and international officials and dignitaries remains illegal under the law, with sentences if convicted of three to five years’ imprisonment. The penal code 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.
The media law includes the right of all citizens to “receive, disseminate, or send information through the internet,” including the right to start and maintain a website. All provisions of media law apply to web-based publications. The government restricts the types of online content that users can access, particularly content that strays from the government’s official line, and continued to block websites. The government continued to monitor email and internet chat rooms. Individuals and groups could engage in the peaceful expression of views online, including by email and social media, but were subject to monitoring. There were reports that some individuals were arrested based in part on information obtained from email and internet monitoring. In May the minister of information and communications technology and innovation announced the government planned to impose regulations on social media content so as to combat misinformation and protect citizens.
According to a 2010 law relating to electronic messages, signatures, and transactions, intermediaries and service providers are not held liable for content transmitted through their networks. Nonetheless, service providers are required to remove content when handed a takedown notice, and there are no avenues for appeal.
Government-run social media accounts were used to debate and at times intimidate individuals who posted online comments considered critical of the government.
The government blocked access within the country to several websites critical of its policies, including websites of the Rwandan diaspora.
The government generally did not restrict academic freedom or cultural events, but students and professors practiced self-censorship to avoid accusations of engaging in divisionism or genocide ideology. Local think tanks deferred to government officials in selecting subjects for research, and authorities often prevented or delayed the publication of studies that cast the government in a negative light. The government requires visiting academics to receive official permission to conduct research.
The constitution, law, or both provide for the freedoms of peaceful assembly and association, but the government limited these rights.
The constitution and law provide for freedom of peaceful assembly, but the government did not always respect this right. The penal code states it is illegal to demonstrate in a public place without prior authorization. Conviction of violating this provision is punishable by a prison sentence of eight days to six months or a fine of 500,000 to one million Rwandan francs ($550 to $1,100) or both. The penalties are increased for illegal demonstrations deemed to have threatened security, public order, or health. Even with prior written authorization, public meetings were subject to disruption or arbitrary closure.
While the constitution provides for freedom of association, the government limited the right. The law requires private organizations to register. Although the government generally granted licenses, it impeded the formation of political parties, restricted political party activities, and delayed or denied registration to local and international NGOs seeking to work on human rights, media freedom, or political advocacy (see section 3). In addition the government imposed burdensome NGO registration and renewal requirements, especially on international NGOs, as well as time-consuming requirements for annual financial and activity reports (see section 5). The law requires faith-based organizations to obtain legal status from the government before beginning operations. It also calls for their legal representatives and preachers with supervisory responsibilities to hold academic degrees.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement
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. On May 28, 569 adults were discharged from the center under this program. The Musanze Child Rehabilitation Center treated former child combatants.
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. In March the government advised citizens to avoid traveling to Uganda due to safety concerns. The minister for foreign affairs and international cooperation told press the government did so because some Rwandan citizens had been harassed and arrested without cause in Uganda. The government characterized the travel warning as an advisory rather than a prohibition, but there were reports authorities prevented some Rwandans from traveling to Uganda and Burundi.
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, asylum seekers, stateless persons, and other persons of concern. As of August the government hosted more than 72,000 Burundian refugees and asylum seekers and more than 76,000 Congolese refugees and asylum seekers. The government continued to grant prima facie refugee status to Burundian refugees fleeing instability after Burundi’s 2015 presidential election. For other nationalities significant delays existed in the application of individual refugee status determinations; UNHCR reported working with the government to improve the process.
UNHCR supported the Mahama Camp for Burundian refugees and five camps primarily for Congolese refugees with international and national NGOs, providing for basic health, water, sanitation, housing, food, and educational needs, in coordination with the government. Authorities sometimes restricted access to the camps. The government continued to implement the Comprehensive Refugee Response Framework adopted by the UN General Assembly in 2016, and UNHCR reported good cooperation with the government and local community. The government continued to work with UNHCR on expanding the integration of refugees into the national education system, as well as on increasing livelihood opportunities. The government also collaborated with UNHCR on an exercise to verify the refugee status of presumed refugees in urban areas and in the six camps, issue refugees identification cards, and enroll refugees in social service programs.
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 Rwanda 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. As of September more than three million exiled Rwandans had returned. The government worked with UNHCR and other aid organizations to assist the returnees, most of whom resettled in their districts of origin.
Authorities generally provided adequate security and physical protection within refugee camps. The RNP worked with UNHCR to maintain police posts on the edge of and station police officers in refugee camps. Refugees were free to file complaints at both camp and area police stations. In March a court acquitted 12 refugees of charges related to their involvement in a February 2018 clash with police that resulted in at least 10 deaths and multiple injuries; the confrontation had erupted after approximately 500 refugees left Kiziba refugee camp and marched to the UNHCR office in Kibuye to protest ration cuts and discrimination in the local labor market and to voice other grievances. Three other refugees were convicted. Their appeals of their convictions remained pending as of October 1.
Access to Asylum: The law provides for the granting of asylum or refugee status. UNHCR, with government and donor support, assisted approximately 149,000 refugees and asylum seekers, mostly from Burundi and the DRC. 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. As part of the joint verification exercise the government conducted with UNHCR, eligible refugees received identity cards allowing them to move around the country and open bank accounts.
Employment: No laws restrict refugee employment, and in 2016 the Ministry of Disaster Management and Refugee Affairs launched a livelihoods strategy with UNHCR aimed at increasing the ability of refugees to work on the local economy. As of August implementation continued, but many refugees were unable to find local employment. A World Bank study published during the year found that local authorities and businesses often were unaware of refugees’ rights with respect to employment.
Access to Basic Services: Refugees had access to public education through grade nine, public health care, housing within the refugee camps, the law enforcement system, courts and judicial procedures, and legal assistance. A limited number of refugees completed secondary education and were enrolled in universities. Kepler, a nonprofit higher education program, collaborated with UNHCR and Southern New Hampshire University to operate a campus in the Kiziba camp.
Refugees in the camps received basic health care from humanitarian agencies and had access to secondary and tertiary care coordinated by UNHCR. Some refugee children in urban areas had access to government health-care services, as did elderly urban refugees. On June 25, the government signed a memorandum of understanding with UNHCR to extend government health-care services to urban refugees of all ages, as well as refugees studying at boarding schools and universities.
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. On September 10, the government, UNHCR, and the African Union signed a memorandum of understanding to set up a transit mechanism for evacuating refugees from Libya. UNHCR announced on September 11 that Rwandan authorities planned to receive as many as 500 persons at one time, and that these individuals 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. On September 26, the first group of 66 refugees and other persons of concern arrived in Rwanda under the transit mechanism.
Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees.