Identifier
Created
Classification
Origin
06KIGALI480
2006-05-18 13:46:00
CONFIDENTIAL
Embassy Kigali
Cable title:  

THE STATE OF PRESS FREEDOM IN RWANDA

Tags:  PHUM PREL SOCI KDEM KJUS RW 
pdf how-to read a cable
VZCZCXYZ0025
OO RUEHWEB

DE RUEHLGB #0480/01 1381346
ZNY CCCCC ZZH
O 181346Z MAY 06
FM AMEMBASSY KIGALI
TO SECSTATE WASHDC IMMEDIATE 2779
C O N F I D E N T I A L KIGALI 000480 

SIPDIS

SIPDIS

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

E.O. 12958: DECL: 05/16/2016
TAGS: PHUM PREL SOCI KDEM KJUS RW
SUBJECT: THE STATE OF PRESS FREEDOM IN RWANDA

Classified By: PAO Brian George for reasons 1.4(b),(d)

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Summary
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C O N F I D E N T I A L KIGALI 000480

SIPDIS

SIPDIS

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

E.O. 12958: DECL: 05/16/2016
TAGS: PHUM PREL SOCI KDEM KJUS RW
SUBJECT: THE STATE OF PRESS FREEDOM IN RWANDA

Classified By: PAO Brian George for reasons 1.4(b),(d)

--------------
Summary
--------------

1. (U) Press freedom in Rwanda--despite the legacy of a media
tainted by complicity in the genocide and lingering mistrust
between the government and journalists--has in recent years
taken root. Several independent radio stations and
newspapers currently are operating. While reports of
self-censorship are common and many radio stations shy away
from hard news, independent outlets frequently criticize the
government and rarely face legal repercussions for their
reporting. Infringements by law enforcement and security
agencies remain problematic but are infrequent. The greatest
obstacle to further development of press freedom in Rwanda
now probably is structural weaknesses within the independent
media for which there are no immediate remedies. The process
currently underway to revise the media law and the structure
and authorities of the High Council of the Press (HCP)--which
is charged both with ensuring respect for press freedom and
adherence to media ethics--could go a long way toward
improving the media environment in the country. End Summary.



2. (U) Embassy Kigali is engaged in an ongoing structured
dialogue with the GOR on a broad range of human rights/rule
of law issues. As part of this dialogue, Emboffs met on May
5 with GOR officials for an in-depth discussion of press
freedom issues. GOR discussants included representatives
from the Ministry of Information, Prosecutor General,s
office, Ministry of Internal Security, Rwandan National
Police (RNP),HCP, and Ministry of Foreign Affairs. During
this meeting the GOR expressed its openness to assistance in
the form of 1) an external analysis of the draft amended
media law (which is about to be taken up by parliament); 2)
legislative drafting assistance for parliament to help
produce a final version of the media bill; and 3) a review of
the functions and structure of the HCP. The GOR also is
seeking external assistance to help create a media training

center in Kigali to improve the quality and professionalism
of working journalists. Our conversations to date have
opened the door for substantive action on press freedom
issues. If we are to take advantage of this opening, we must
act rapidly to identify available resources and mechanisms to
meet these assistance needs.

--------------
A Legacy of Mistrust
--------------

3. (C) The GOR,s distrust of independent media stems from
the role played by Radio Libre de Mille Collines and print
publications such as "Kangura" in propagating ethnic
divisions in advance of the genocide and in encouraging the
killing once it began. These media outlets were, in fact,
working closely with, and sometimes controlled by, senior
officials from the Habyarimana regime or its allies outside
government. The story of the genocide-era media is,
therefore, as much a cautionary tale about excessive
government involvement in the media as it is about the
dangers of an independent press. Nonetheless, the RPF
Government came to power with a deep suspicion of the media
and viewed it as a potential threat to the country,s
stability and efforts to root out hostile forces in the
region. As a result, the media environment was slow to
liberalize. Independent papers that did spring up in the
late 1990s and early 2000s were subject to harassment and
intimidation and many of their founding editors and
journalists went into exile. Frustration with the poor
quality and frequent inaccuracy of independent media reports,
a lingering sense of insecurity within the government, and a
perceived lack of confidence by the GOR in the ability of
average Rwandans to make value judgments about the news they
receive continue to result in heightened scrutiny of articles
and broadcasts critical of the government.


4. (C) The difficult environment faced by journalists in the
early post-genocide period is reflected in their general
distrust of the GOR today. This distrust is reflected also
in statements by international human rights organizations
such as Reporters without Borders, Amnesty International, and
Freedom House, which have, among other criticisms, branded
President Kagame a press "predator" and ranked Rwanda among
the countries with the least free media in the world. This
reporting is often simplistic and tends to ignore both the
complexities of the individual cases and contesting versions
of events. While the word of the GOR in these cases should
not be taken at face value, nor should human rights groups
automatically assume that individuals claiming harassment are
presenting an accurate version of events.

5. (U) Empirical and anecdotal evidence suggest a recent
decrease in the level of harassment of Rwandan journalists.
Independent Kinyarwandan, English, and French-language
publications regularly publish articles critical of the
government or individual officials and rarely face
repercussions for their statements. No Rwandan newspaper has
been subject to more harassment than the Kinyarwanda-language
"Umuseso," which saw successive editors and several of its
journalists flee the country. Current editor Charles
Kabonero himself was found guilty in 2005 of "attacking the
dignity of a high authority" and received a one-year
suspended prison sentence (he also was brought up on but
found not guilty of charges of divisionism). Nonetheless,
Kabonero says the climate for his newspaper has never been
better. No "Umuseso" editions have been seized in well over
a year; there have been no recent reports of harassment
against his staff; and an unwritten prohibition against
placement of government-sponsored advertisements in the paper
(an effective means of starving the outlet financially) has
been lifted. Private radio was reintroduced in 2004 and
there are now eight private stations operating in the
country. While they continue to shy away from sensitive
topics such as criticism of the RPF or the military, debates
on other topical issues (health, local government, etc.) in
the form of in-studio discussions and call-in shows have
gained in popularity. Independent journalists remain wary of
the government and frequently state that they continue to
practice self-censorship, but there is general agreement that
the climate has improved noticeably in recent years.

-------------- --------------
Institutional Weaknesses of Independent Media
-------------- --------------

6. (U) The greatest obstacle to the development of Rwanda,s
independent media probably no longer is government harassment
but financial weakness. Poverty, illiteracy, and a lack of
reading culture severely limit the readership and
profitability of Rwandan newspapers. Limited revenues from
sales and advertising make it difficult to attract talented
reporters and even harder to retain them. The editors of
independent "Umuseso" and "Umuco" both report recent
reductions of their already small staffs. "Umuco" went from
seven reporters to four and also reduced its print run from
4,000 copies to 1,500. The exception to this situation is
the pro-government "New Times," which recently became
Rwanda,s first daily paper. The "New Times" is able to
offer much higher salaries and employ a much larger staff
than its competitors despite a relatively small readership.
Shareholders in the "New Times" reportedly include senior
officials in the current government and other prominent
individuals with close ties to the RPF, thus raising
questions whether it can be considered a truly independent
publication. The high cost of printing in Rwanda adds a
further financial burden and makes regular publishing more
difficult. As Rwanda,s economy grows, education levels
improve, and sales and advertising revenues increase, so too
will the quality of journalism. For the foreseeable future,
however, financial viability will remain a struggle for
independent media.


7. (U) Even ardent defenders of Rwanda,s independent media
and practicing journalists themselves acknowledge that the
quality of journalism is very low. Stories are often poorly
sourced and based on rumor or innuendo. Many practicing
journalists enter the field in their late teens or early
twenties with no more than a secondary education. The
National University,s school of journalism was
re-established only in 2000 and recently produced its first
crop of graduates. With only 15-20 graduates per year--many
of whom accept jobs outside the media field--the school has
yet to make a significant contribution to the development of
Rwanda,s media. Working journalists, the overwhelming
number of whom are based in Kigali, find it impractical to
travel the 2.5 hours to Butare, where the university is
located, to attend classes. The GOR, HCP, and the
Association of Rwandan Journalists (ARJ) all support creation
of a media training center in Kigali for working journalists,
but funding for the center has not yet materialized.


8. (U) Internal divisions and weak management skills also
have prevented Rwanda,s independent journalists and related
organizations such as the ARJ and the Press House from
advocating effectively for their interests. The most recent
example of bickering within the community is a series of
articles written by Shyaka Kanuma, chief editor of the
recently established English-language paper, "Focus,"
accusing Umuseso,s Kabonero of collaborating with a former
Rwandan military officer indicted for war crimes to
destabilize the country as well as advising a Rwandan
asylum-seeker to falsify his statements to UK authorities.
Kabonero argues that the articles stem from a long-standing
grudge Kanuma holds against Kabonero and "Umuseso," his
former employer.

--------------
Media Policy
--------------

9. (U) The Rwandan cabinet recently approved amendments to
the media law to address perceived shortcomings in the
current law, which was passed in 2002--principally the
failure to adequately delineate responsibilities among the
HCP, the courts, the Information Ministry, and other
government bodies for enforcing the law. The amendments also
provide greater specificity with respect to the nature of
criminal offenses identified in the law (e.g., incitement,
genocide denial) and the punishments to which violators of
these offenses are subject. According to information
provided recently by an official from the Information
Ministry, the revised bill will also:
--Clarify the definition of a journalist and specify the
qualifications necessary for accreditation as a journalist in
Rwanda;
--Introduce for the first time regulations specifically
related to the Internet (to protect against pornography,
etc.); and
--Make legally binding a code of ethics for media
practitioners that previously was adopted on a voluntary,
non-binding basis by Rwandan journalists.

The revised law is expected to be submitted to parliament for
consideration once English and French translations of the law
have been prepared.


10. (U) While the proposed amendments do not appear to
address other specific concerns that have been raised by
observers (e.g., the broadly worded prohibition against
expressing contempt for the President and security forces
used by the government to maintain law and order),in
practice the most serious infringements of press freedom have
resulted from improper implementation of the law or
regulations that are found in other sections of Rwanda,s
legal code. The Rwandan National Police (RNP),for instance,
has broad authority under Rwandan law to take preemptory
action on reasonable grounds of suspicion that a crime is to
be committed. The RNP has interpreted this authority to
include the right to seize newspaper editions that they deem
an immediate threat to national security. It was on these
grounds that the RNP seized a September 2005 edition of
"Umuco." Under the present media law, the HCP has the
authority only to recommend seizure of a specific edition as
well as suspension or closure of a paper; final decision must
be taken by Rwanda,s courts. In the "Umuco" case, the
police took action without a recommendation from the HCP and
have yet to return the edition in question despite the
absence of a court ruling affirming the seizure.

--------------
High Council of the Press
--------------

11. (U) The body that stands to benefit most from the media
law amendments is the HCP, which reportedly will be granted
full authority to suspend, close, or take other punitive
measures against publications and to revoke the credentials
of individual journalists that are found in violation of the
media law. These and other proposed changes are likely to
empower the HCP while clarifying and streamlining procedures
for implementation of the media law. A concurrent revision
to the statue governing the HCP reportedly will grant the
body more autonomy. The HCP has much work to do, however, to
prove to domestic and international critics that it can be
trusted with these enhanced powers.


12. (U) The first criticism of the HCP, which stems from the
fact that it was created by presidential decree and reports
to the Office of the President, is reportedly addressed by
the proposed changes to the statute governing its structure
and financing. A second criticism is that the composition of
the Council is weighted in favor of the government. The HCP,
which began functioning in 2003, is comprised of nine
members: three selected by the government, three
representatives elected by independent media, two civil
society members, and one government media representative.
With four members representing the government, only one more
vote is needed to tilt any decisions in its favor. For its
part, the HCP has suggested that the number of both
government and media representatives be reduced in favor of
increased numbers of impartial experts (e.g., lawyers, human
rights practitioners). A third criticism of the HCP is that
it has, in practice, focused its energy and resources on
monitoring Rwanda,s journalists while failing to defend
their rights.

13. (C) The HCP does dedicate an inordinate amount of its
limited resources to conducting detailed monitoring of
Rwanda's media. Three of six full-time staff members at the
Council are engaged as media monitors assigned the task of
reviewing media reports and identifying violations of the
media law by journalists or publications. In addition to
looking for individual instances of "misreporting," the
Council,s staff also prepares regular topical analyses of
media coverage (e.g., an annual review of coverage of the
genocide). The HCP is less proactive in investigating
possible infringements of press freedom. For example, the
HCP did not formally investigate whether proper procedures
were followed by the RNP and/or Rwandan courts with respect
to seizure of the September 2005 edition of "Umuco." While
HCP Executive Secretary Patrice Maluma expressed concern that
the RNP overstepped its authority (and, more specifically,
undermined the authority of the HCP) and, while acknowledging
that the courts appear never to have officially sanctioned
the seizure, he stated that the HCP did not formally report
on the matter. The HCP has in the past conducted
investigations into allegations of harassment and
intimidation of journalists and noted that improprieties (by
law enforcement bodies especially) have occurred.


14. (C) Current HCP vice president Immaculee Ingabire has
been a lightening rod of criticism, and her actions and
statements have reinforced the belief common among Rwanda,s
journalists that the HCP is pro-government (note: the first
president of the HCP resigned allegedly over frustration with
the HCP,s internal divisions and lack of authority; Ingabire
has been de facto head of the HCP since his resignation). In
a recent discussion with Emboffs, Ingabire responded to
allegations that the HCP has failed to adequately represent
journalists, interests by stating that the HCP has yet to
find a single case in which a journalist,s rights have been
violated. Ingabire also was the author of a recent statement
to Reporters without Borders rebutting its January 31, 2006
report concerning press freedom in Rwanda. The statement, a
staunch defense of President Kagame and the Rwandan
government, would have been more appropriate coming from a
government ministry rather than what is intended to be an
autonomous body. Ingabire,s term of office has officially
ended and she will be replaced as soon as the process of
appointing new Council members is completed. The new
leadership of the HCP may be more inclined to focus on
protection of journalists.


15. (U) While disappointed by the HCP to date, some
independent journalists remain hopeful that the body will,
with new leadership, greater autonomy, and increased
experience, grow into the role of an effective, independent,
respected monitoring body.

--------------
Comment
--------------

16. (U) The GOR states--probably accurately--that Rwanda,s
media has never enjoyed more freedom than it does today.
This is true particularly with respect to Rwandan radio,
which now has eight independent stations. Progress has been
slower in the independent print media which, because of a
lack of qualified staff, a weak financial base, and low
readership, remains weak and ineffectual. Continued
development of press freedom in Rwanda will require a greater
degree of trust and mutual respect between journalists and
the government--especially segments of the security and law
enforcement services; a thickening of skins on both sides; a
truly independent, respected, and empowered HCP; greater
clarity in the media law and in the Rwandan penal code more
generally; and increased professionalism and profitability of
independent media outlets. Revisions to the media law and
statute governing the HCP currently under consideration by
the GOR, combined with the imminent appointment of new
members of the HCP, provide an opportune moment for USG
engagement on this issue and a genuine chance to further
advance press freedom in Rwanda.

ARIETTI