a. Freedom of Expression, Including for the Press

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. Government failure to investigate or prosecute attacks on human rights defenders and journalists led to de facto restrictions on freedom of assembly and association.

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 Speech: 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 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.

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 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 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 55 new investigations related to genocide ideology statutes as of May, although none had resulted in arrests as of September 27.

Freedom of 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 hurdles to 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.

Media professionals reported government officials used ambiguities in laws governing media to influence reporting and used threats and intimidation to prevent journalists from reporting information deemed sensitive or 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.” 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. Failure to investigate or prosecute threats against journalists resulted in self-censorship.

In April the government enforced a general lockdown to prevent the spread of COVID-19. During the lockdown numerous bloggers and journalists, including some who used YouTube channels to distribute their work, were arrested and detained. These journalists were largely known to be critics of government policies and practices. Dieudonne Niyonsenga (also known as Hassan Cyuma), owner of the YouTube channel Ishema TV, and his employee Fidele Komezusenge were arrested for violating lockdown measures, remanded for 30 days, and denied bail. Komezusenge was later released, but Niyonsenga remained in prison as of October 1. HRW considered the detention of Hassan Cyuma and several other bloggers working for outlets that reported on an incident of several rapes perpetrated by a group of RDF soldiers during the COVID-19 lockdown and the impact of the COVID-19 directives on vulnerable populations to be retaliatory. In April the RMC stated unaccredited individuals conducting interviews and posting them on personal YouTube channels did not qualify as journalists and were not permitted to move about freely to conduct interviews during the lockdown.

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. HRW 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 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, 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 issues.

Libel/Slander Laws: In April 2019 the Supreme Court ruled unconstitutional provisions of the law 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 substantial monetary fine. 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 subsequently revised the law in August 2019 to decriminalize such speech, to include when related to the president. 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 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. In May 2019 the minister of information and communications technology and innovation announced the government planned to impose regulations on social media content to combat misinformation and protect citizens. The government did not announce any further details.

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 law 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 substantial monetary fine. The penalties are increased for illegal demonstrations deemed to have threatened security, public order, or health.

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 to private organizations, 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/ .

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.

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 Rwandans 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, asylum seekers, stateless persons, and other persons of concern. As of August the government hosted approximately 71,000 Burundian refugees and asylum seekers and more than 76,000 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 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 approximately 3.5 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.

Abuse of Migrants and Refugees, and Stateless Persons: 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. There were no major security incidents at refugee camps during the year.

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 Democratic Republic of Congo. 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. 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, in part due to COVID-19 prevention measures. As part of the joint verification exercise the government conducted with UNHCR, eligible refugees received identity cards allowing them to move around the country, open bank accounts, and enroll refugees in social service programs.

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. UNHCR saw some success in livelihood and financial inclusion projects in the agriculture sector, which benefited both refugees and their host communities. Many refugees, however, were unable to find local employment. A 2019 World Bank study found that 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 September 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 provided a framework for Rwanda 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 arrived under the transit mechanism before COVID-19 restrictions brought arrivals to halt. As of September 27, 49 individuals brought to Rwanda via the transit mechanism had already been resettled in third countries. In cooperation with UNHCR and the government of Burundi, the government facilitated the voluntary repatriation of refugees to Burundi, reaching a total of approximately 1,500 persons by October 1.

Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees.

UNHCR reported providing technical support to help the government conduct national assessments on statelessness and draft a multiyear action plan to this end.