RWANDA PROMULGATES PROBLEMATIC LAW ON "GENOCIDE

C O N F I D E N T I A L KIGALI 000759

SIPDIS

E.O. 12958: DECL: 10/28/2018
TAGS: PHUM PGOV RW
SUBJECT: RWANDA PROMULGATES PROBLEMATIC LAW ON "GENOCIDE
IDEOLOGY"

REF: KIGALI 002

Classified By: CDA Cheryl J. Sim for reasons 1.4 (b) and (d).


1. (SBU) With its publication in the October 1 Official
Gazette, the Rwandan government promulgated a new law,
"Relating to the Punishment of the Crime of Genocide
Ideology," complementing the 2003 statute, "Punishing the
Crime of Genocide, Crimes Against Humanity and War Crimes."
The new law was drafted by members of the Rwandan Parliament
shortly after the November 2007 presentation to it of a
report claiming rampant "genocide ideology" in Rwanda's
secondary schools (reftel).


2. (SBU) Members of the diplomatic community and
international NGOs engaged the Government of Rwanda (GOR) on
the draft law, providing comments and suggestions on how to
adapt it to meet international norms. The final version,
however, contains several provisions that could potentially
have a negative impact on civil, human and political rights.
While the definition of "genocide ideology" tracks with
international conventions (speaking of acts, speech and
documents meant to exterminate or incite extermination of a
person based on origin, ethnic group, religion, language,
etc.),the "characteristics" or evidence of the crime are
very broad. According to the new statute, one commits
genocide ideology if, with the intent to "dehumanize" a
person or group, one engages in behavior such as
"marginalizing, laughing at one's misfortune, defaming,
mocking, boasting, despising, or stirring up ill feelings."
There is limited judicial discretion for sentencing, and
punishments provided are heavy, ranging from ten years to
life in prison depending on the nature of the offense.


3. (SBU) The law also applies to minors. Children 12 years
old and younger convicted of the crime could face up to 12
months of rehabilitation in special centers (the details of
which are yet to be determined). Those between the ages of
12 and 18 would be sentenced to half the penalty given to
adults, meaning they could face from 5 to 15 years
imprisonment, which may be carried out in a rehabilitation
center. Parents, guardians, or teachers may be imprisoned
for 15 to 25 years if they are found to have contributed to
genocide ideology crimes committed by children.
Organizations can also be guilty of genocide ideology, and
are subject to dissolution and fines.


4. (C) Comment: The law's very vaguely worded
"characteristics" of genocide ideology mean the average
Rwandan will have a difficult time understanding what actions
and opinions are prohibited. While the law is supposedly
aimed at worrisome expressions of ethnic hatreds among
student populations and teaching staff in Rwanda's schools,
the statute lends itself to the potential criminalization of
discussion, opinion and dissent. End comment.
SIM