MILLENNIUM CHALLENGE ACCOUNT ELIGIBILITY

C O N F I D E N T I A L KIGALI 000456

SIPDIS

SIPDIS

DEPT FOR AF/C AND DRL
DEPT PASS TO MCC FOR SHERRI KRAHAM AND MATT MCLEAN

E.O. 12958: DECL: 05/11/2016
TAGS: PHUM PREL SOCI KDEM KJUS RW
SUBJECT: MILLENNIUM CHALLENGE ACCOUNT ELIGIBILITY

REF: ARIETTI-KRAHAM EMAILS

Classified By: polchief LChang for reasons 1.4(b),(d).

Summary
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1. (C) In its recent indicator analysis of Rwanda, the
Millennium Challenge Corporation (MCC) noted that Rwanda
failed four of the six Ruling Justly indicators. Based on
consolidated evaluations of third-party institutions, MCC
provided Embassy Kigali a summary of Rwanda,s strengths and
weaknesses and one page of recommendations in four specific
areas for improvement: voice and accountability; civil
liberties/political rights/rule of law; political rights; and
government effectiveness. Embassy Kigali is engaged in an
ongoing structured dialogue with the GOR on a broad range of
human rights/rule of law issues that directly relate to
Millennium Challenge Account (MCA) criteria. The GOR
understands that this dialogue addresses issues linked to MCA
eligibility, but to date we have not provided the GOR a
written list of suggestions for GOR actions that would
enhance Rwanda,s prospects for MCA eligibility.


2. (C) Embassy has reviewed the one-page recommendations list
provided by MCC and, as indicated earlier, is concerned that,
as written, the list would be seen by the GOR as reflecting
unawareness of ongoing reforms and an inaccurate perception
of Rwandan policies. Based on Embassy analysis, below in
para 3 are our comments on the MCC recommendations and in
para 4 suggested rephrasing of some of the recommendations to
more accurately reflect the current situation in Rwanda and
to better serve as a constructive tool for GOR action. With
MCC agreement, we will provide this revised list to the GOR,
and it could form a basis for discussion during President
Kagame,s upcoming visit to Washington.

MCC Recommendations for Improvement
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3. (C) MCC recommendations, with Embassy comments, in the
four areas for improvement are:

Voice and Accountability

-- Amend the law governing NGOs to simplify process of
registration and protect their autonomy and freedom of
association. (Comment: The NGO law is currently under
review. Suggest rewording, per para 4 below, as the
registration process has not been a problem for NGOs.)

-- Limit the role of the party and NGO "forums" to sharing
views and away from imposing consensus. (Comment: The
stated role of the political party forum is to provide an
arena in which parties under-represented in the Parliament
can voice their concerns and views. While none of the
existing political parties have complained about current
procedures, there is a clear push to achieve consensus.)

-- Allow historically marginalized groups, such as the Twa,
to organize to advocate for their interests in accordance
with the law, so long as there is no criminal intent or
behavior. (Comment: Including the qualifier "so long as
there is no criminal intent or behavior" leaves this wide
open to government interpretation and intervention. Suggest
rewording.)

-- Limit government intervention in media and civil society.
(Comment: rephrase to encourage more open environment.)

-- Allow for investigative journalism and public criticism of
the government. (Comment: This is already allowed; suggest
rephrasing to encourage such activity.)

-- Afford institutions such as the ombudsman and the auditor
general the autonomy necessary to exercise their functions.
(Comment: The Auditor General is already autonomous in law
and in practice; therefore, suggest deletion of reference to
Auditor General.)

-- Allow for independent monitoring of the government.
(Comment: A variety of organizations, including Amnesty
International, Human Rights Watch, civil society groups, and
an independent press, are independently monitoring the
government. Suggest rephrasing, per para 4 below, to address
the role of the High Press Council.)

-- Observe greater separation of powers among the executive,
legislature, and judicial branches. (Comment: Suggest
rephrasing to focus on the root of the problem -- the need to
build local capacity.)

Civil Liberties/ Political Rights/ Rule of Law (Judicial
Institutions)

-- Incorporate due process and human rights standards to
government actions to root out genocidal ideology and
divisionism. (Comment: This could be misconstrued as
encouraging the government to root out genocidal ideology and
divisionism. Suggest a more explicit legal definition of
these ill-defined concepts and holding police accountable for
abuses.)

-- Expedite training of gacaca (traditional courts) judges in
basic legal principles -- including the presumption of
innocence and protection of genocide survivors -- and proper
procedures so that the implementation of gacaca trials can
begin without further delays. (Comment: The delays have
been caused by lack of funding and a pending law to realign
jurisdictional boundaries of gacaca courts with the
government,s administrative restructuring, not because of
the need to train gacaca judges.)

-- Ensure that courts continue to hear cases during
implementation of judicial reform to minimize delays and
backlog of cases. (Comment: The courts have fully resumed
operations, and the GOR, within its severely limited
resources, is continuing its best efforts to minimize delays
and to reduce the case backlog.)

-- Carry out genuine prosecutions of military and civilian
personnel accused of revenge killings and war crimes.
(Comment: Several RPF soldiers and civilian personnel
accused of war-related crimes have been prosecuted through
the regular court system; other cases are pending.)

-- Follow up with investigations and prosecutions to ensure
that government officials and members of the elite accused of
corruption are not above the law. Conversely, ensure that
the judicial system is not manipulated to eliminate political
opposition to the RPF. (Comment: Suggest deletion as this
is addressed through other listed recommendations. Also, a
number of high-level government officials and members of the
elite have been accused and convicted of corruption.)

Political Rights

-- Amend electoral laws to ensure greater transparency in the
electoral process, independence of the electoral commission,
and freer campaigning. (Comment: The issue is not
independence of the commission, but a problematic campaign
process. There was widespread perception that candidates in
the 2003 presidential elections were not granted a level
playing field and that opposition candidates were harassed.)

-- Allow for the establishment of new parties. (Comment:
There is no prohibition on the establishment of new parties,
but there are legal requirements to formally establish them.
Suggest deletion.)

Government Effectiveness

-- Accelerate passage of the land law and policy after making
substantive changes to ensure that compulsion is not used to
enforce the new law and avoid increasing the number of
landless Rwandans. (Comment: The GOR, with the assistance
of the international donor community, is in the process of
drafting subsidiary legislation to clarify and to implement
the 2005 Land Law.)

-- Cooperate with international efforts to reduce the volume
of illegal trade in Congolese minerals or resources.
(Comment: The GOR maintains that it does not engage in
illicit exploitation of Congolese minerals or resources. The
GOR requires importers to obtain permits showing the point of
origin of imported items.)

Suggested Rephrasing of Recommendations
--------------


4. (U) Based on Embassy analysis, we suggest the following
rephrasing of MCC,s recommendations to more accurately
reflect the current situation in Rwanda and to better serve
as a constructive tool for GOR engagement and action:

Voice and Accountability

-- Amend the law governing NGOs to better protect their
autonomy and freedom of activity.

-- Limit the role of the party and NGO "forums" to sharing
views and away from imposing consensus.

-- Identify means for historically marginalized groups, such
as the Twa, to organize to advocate for their interests.

-- Encourage a more open environment for the media and civil
society, reducing government intervention.

-- Encourage investigative journalism and constructive public
criticism of government policy.

-- Clarify the mandate and enhance the capacity of the
Ombudsman to more effectively combat corruption.

-- Ensure greater structural and effective independence of
the High Press Council.

-- Continue to build capacity to strengthen the individual
independent branches of government.

Civil Liberties/Political Rights/Rule of Law

-- Clearly define by law the bounds of "genocidal ideology"
and "divisionism," and ensure that there is due process and
respect for human rights when the government acts.

-- Hold police accountable for abuses.

-- Continue efforts to minimize delays and to reduce the
backlog of pending cases in the regular court system and in
gacaca.

-- Investigate and, where appropriate, prosecute in the
regular court system military and civilian personnel accused
of crimes committed during and after the civil war.

Political Rights

-- Ensure inclusive, equitable, and transparent campaigning
with a level playing field for all candidates to campaign
without harassment.

Government Effectiveness

-- Accelerate the passage of the subsidiary legislation for
implementation of the 2005 Land Law, and ensure fair
compensation for expropriated property through an appropriate
public process.

-- Fully cooperate with the UN DRC Sanctions Committee Panel
of Experts in its investigations of violations of the arms
embargo on the DRC.
ARIETTI