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 -------------- ¶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 -------------- ¶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