Rwanda undergoes first universal periodic review

ARTICLE 19’s submission to the UN Human Rights Council in July 2010 highlights three areas of concern which the organisation hopes to see reflected in the upcoming review. These include (1) limits on freedom of expression through restrictive media law and criminal defamation (2) harassment and attacks on journalists; (3) genocide ideology legislation.

“The upcoming review is an opportunity for UN Human Rights Council member states to put pressure on Rwanda to address the deteriorating freedom of expression situation in the country by repealing a number of national legislations relating to criminal defamation, media law and genocide ideology,” said Dr. Agnes Callamard, ARTICLE19 Executive Director says.

While the need for responsible, professional and ethical journalism in ensuring national cohesion cannot be gainsaid, there is need to allow media diversity and pluralism in Rwanda. The continued control and dominance of the broadcasting sector by the state owned radio and television is detrimental to efforts of good governance, transparency and inclusive citizen participation in development. There is dire need for support to the few independent radio stations and newspapers. The government should also license more private television stations and seek to transform the state controlled Rwanda TV into a public broadcaster.

Criminal defamation provisions in the Penal Code continue to be employed by the state as a tool of silencing those who hold views contrary to the state. This leads to increased cases of self-censorship and long jail terms for accused journalists. For instance, two journalists working for a privately-owned bimonthly, Umarabyo, Agnes Nkusi Uwimana and Saidath Mukakibibi, are currently awaiting judgment on 4 February 2011 over criminal defamation charges. The state through the prosecution has asked for cumulative sentences 33 years for Uwimana and 12 years for Mukakibibi respectively.

Similarly, while foreign radio stations remain an important source of independent news but are subject to government censorship.

ARTICLE 19 is also concerned by multiple reports of intimidation of political opponents, and has recorded many instances where political opponents are charged under the omnibus provisions of genocide ideology law. Rwanda’s genocide ideology laws create a wide range of problems for freedom of expression and freedom of association as it creates a wide net to snare all those who question the truth about the 1994 Genocide. Newspapers critical of the government are often accused of inciting ethnic hatred.