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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Rwanda - 10th Session - 2011 Scroll to: National Report 16. Several programs and initiatives targeting different groups of people (pregnant mothers, the new born and unborn children, couples intending to get married and many more) were initiated. These range from voluntary counseling and testing to prevention of mother to child transmission, among others. From 2003 to end 2009, all these programs and initiatives significantly benefitted 4,286,000 persons. HIV testing in VCT (Voluntary Counseling and Testing) services was also promoted. The HIV prevalence among tested persons reduced from 10.8 per cent in 2003 to 2.4 per cent in 2010. By the end of 2009, the number of pregnant women attending PMTCT (Prevention of Mother to Child Transmission) services was 71 per cent while the rate of HIV prevalence among them was 2.7 per cent. A total of 1,554,876 pregnant women were tested for HIV and 77.8 per cent of those found to be HIV positive, including 74.6 per cent of children born to HIV positive mothers, were put under ARV treatment. 17. The National Programme to Fight against Malaria has several strategies ranging from distribution of Insecticide Treated Nets (ITNs) to children under five years and pregnant women, as well as the indoor residual spraying carried out in households. These actions have contributed to significant reduction of the prevalence of malaria to 60 per cent. Children under five years sleeping under ITNs rose from 13 per cent in 2005 to 58 per cent in 2008 while the percentage of pregnant women sleeping in ITNs rose from 17 per cent to 62.3 per cent in the same period. A total of 4,053,756 ITNs were distributed by the end of 2009. The rate of morbidity due to malaria reduced from 64.7 per cent in 2003 to 14.8 per cent in 2009. 18. Several programmes are available for the promotion of maternal and child health. These programmes include family planning, antenatal care, community health care, delivering health facilities, Emergency Obstetric and Neonatal Care (EMONC), the construction and equipment of maternity wards, capacity building of the midwives, increase in the number and quality of health professionals and the introduction of community-based health insurance. Thanks to efficient family planning programme, the rate of the use of contraceptives raised from 10 per cent in 2005, to 45 per cent in 2009. Child delivery in health facilities increased from 28 per cent in 2005, to 66.2 per cent in 2009. Antenatal care is used at 96 per cent (at least one prenatal consultation). All these programmes significantly reduced the rate of infant mortality from 86 per cent per 1000 live births (1 year) in 2005 to 62 per cent per 1000 born children in 2008 and 152 per cent to 103 per cent per 1,000 for children below the age of five years. 28.Achievements registered in the area of the promotion and protection of the right to education includes the introduction of universal primary education. Rwanda is gradually breaking barriers that usually prevent children from attending primary education by the abolition of school fees and by constructing more classrooms at the Administrative Sector level where children can easily walk home. This programme has been adopted to enable the country to achieve the goal of Education for All (Universal Primary Education and Universal Secondary Education) by 2015. The education system increased the number of child enrolment in schools from 1,636,563 in 2003 to 2,264,672 in 2009. The rate of pupils joining the secondary schools increased from 45 per cent in 2003 to 88 per cent in 2009. In 2009, the Government, in collaboration with local communities, constructed 3072 more classrooms. 29. The Government has embarked on the promotion of the Nine years Basic Education for children. Key national policies guiding education include the girl's education policy to ensure that the girl child has equal access to universal education as the boy child, the Special Needs Education Policy for certain categories of Rwandans requiring special attention, as well as the Policy on Science, Technology and Innovation. The One Laptop per child program was put in place with the mission to distribute laptops to primary schools all over the country. The education for children with physical or mental disabilities was introduced and 386 teachers were trained in the methodology for such classes. As a result, 3,333 children with disabilities were integrated in disabled friendly schools. 80 catch-up centres were introduced and currently accommodate 14,900 pupils. 680 teachers are trained to deliver practical lessons to these learners. 30. Early childhood education, which was almost inexistent in Rwanda 15 years ago, is more and more promoted. As of today, 2,330 pre schools have been constructed, in which more than 150,000 children were enrolled. As for the university education, from one university that existed in 1994, the National University of Rwanda, Rwanda has now 27 High Learning Institutions in different provinces of the country. The number of University students rose from 5,751 (4,258 boys and 1,493 female) in 1997 to 63,562 in 2010. Majority of these Universities introduced evening programs, which help different workers to pursue their studies. The adult education was not forgotten: in 2005, there was in Rwanda 6500 literacy centres with approximately 300,000 young and adult learners. 31. Rwanda ratified a number of ILO Conventions, while others are in the process of ratification. Rwanda ratified also the International Convention on the Protection of the Rights of Migrant Workers and Members of their Families. The new Labour Law provides for basic labour rights, including the prohibition of child labour, the prohibition of forced labour, the protection of workers against violence or harassment, the prohibition of discriminatory employment and the freedom of opinion. The law also guarantees the freedom of association of workers, trade unions and the right to strike. 39. The Government Fund for Genocide Survivors (FARG) also contribute in providing assistance to the most needy Genocide survivors by providing food, shelter, medical care and tuition fees for children and teenagers. From 1998 to the end of 2005, around 50 millions USD had been allocated to nearly 250,000 secondary students and ,000 students in higher education in form of school fees and supplies. 40. Concerning the historically marginalized group, decent houses have been constructed to 2,227marginalized families and vulnerable population; a number of children from marginalized and other vulnerable families are currently benefiting from free education for all in primary and secondary schools, with a good number of students from the same background studying in High Learning Institutions with the support of the Ministry of Local Government. In 2008, the Government provided 44,192,040 RWF to different districts for the income generating projects of the marginalized and vulnerable groups especially in agriculture, livestock and modern pottery. The vulnerable groups, like other Rwandan citizens, benefit from different programs to improve the living conditions of the population: 84 per cent of the qualified vulnerable families enjoy free health insurance (mutuelle de santé); 22 per cent were given land and received cows in 2010 through "one cow per family program". The Special Rapporteur on indigenous people in Africa visited Rwanda in 2008 and appreciated the Rwandan Government's efforts to promote the rights of the marginalized and vulnerable population. 41. The State protects the family as the natural foundation of the Rwandan society. The Rwandan legislation stipulates that marriage has to occur by free consent and spouses have the same rights and duties during marriage and divorce. Rwanda has ratified the Convention on the Consent to Marriage, the Minimum Age of Marriage and Registration of Marriages and the Convention on the Nationality of Married Women. The institution of marriage in Rwanda is governed by law. The law on Matrimonial Regimes, Succession and Gifts give equal rights to succession to all boys and girls. There is a National Policy on Family Promotion. Couples in common marriages are sensitised and encouraged to enter into a civil marriage, and this plays an important role in protecting the right to succession for mainly women and children. 47. The right to defence is guaranteed in all courts. As for criminal cases involving minors, special procedures and legal assistance are particularly availed. The Government has introduced a legal assistance system to ensure access to justice by vulnerable groups. Anyone with a local authority certificate proving that he/she is indigent may access justice before courts without paying court fees. At each Intermediate Court, two lawyers are appointed and paid by the Ministry of Justice to assist minors with case. In all other cases for vulnerable persons, the Bar Association appoints a counsel to assist the needy people. The Ministry of Justice has opened Access to Justice Bureaus (Maisons d'Access à la Justice) in all districts. There will soon be established in the said Access to Justice Bureaus specific desks to deal with gender-based violence and children rights. Civil Society Organisations also, with the support of different partners, put in place a Legal aid Forum, with the mission for delivering legal aid to the people. 49. The newly established National Prisons Service is responsible for the promotion and protection of the rights of incarcerated people in accordance with laws; it is also responsible for ensuring the respect of the life, physical and moral integrity and the well-being of detainees. The presidential order governing the construction and the organization of prisons in Rwanda stipulates that each prison facility must have dormitories, suitable toilettes, sports courts, a health center, guest's halls, a kitchen, water and electricity, as well as appropriate air conditioning system for the welfare of detainees and the preservation of safe environment. Each prison in Rwanda has a health facility with medical personnel but, in case of serious illness, prisoners are transferred to the Rwandan main hospitals. Children under the age of three, pregnant and breast-feeding mothers are provided with special treatment such as enhanced diet. Apart from special meals, games and entertainments facilities are provided for the 456 babies living with their imprisoned mothers. The Ministry of Gender and Family Promotion is working on a project to provide early education to children living with their imprisoned mothers. Men and women are incarcerated in separate blocks. 53. Concerning the child rights, Rwanda ratified almost all international conventions relating to the promotion and protection of child rights including the UN Convention on the Rights of the Child (CRC) and its additional protocols, the Convention on the protection of children and cooperation in respect of inter country adoption, as well as the African Charter of the Rights and Welfare of the Child (ACRWC). Rwanda submitted to the Committee on the Rights of Children overdue reports on the implementation of CRC protocols, the report on the implementation of ACRWC was submitted to the concerned Committee of Experts, while the reports on CRC implementation, as well as the reports known as A World fit for the children and Africa fit for the children will be submitted to the concerned institutions in the near future. National laws for the protection of children were adopted, including the law of 2001 on the protection of children rights. 54. Major policies in this area are the National Policy for Orphans and other Vulnerable Children and the National Policy for the Elimination of Child Labour. Among other measures for the promotion of children rights is the establishment, in the National Commission of Human Rights, of the Observatory for the Rights of the Child to ensure the respect of children rights all over the country. The Observatory of the child rights has Committees, in which children are represented, at the national level, at district level and at the sector level. There is also the Forum of children which has children representations up to the village level. Annual Summits for children are organized where representatives of 15 peers sit to discuss and provide advice and recommendations to the Government on how to exercise their rights. So far, six children summits have been organized from 2004 to 2010. It is also worth pointing out the establishment of a National Commission for Children, whose process is almost at an end, as well as the role played by Imbuto Foundation (chaired by the Rwandan First Lady) in the promotion of the young girl education and the child protection. 55. Appropriate facilities are provided to children with disabilities, as well as the basic education for refugee children. Legal assistance is offered to minor children appearing before courts and special rehabilitation centres were created for minors convicted of crimes. 65. (k) The Observatory of the Child Rights: this unit has become instrumental in promoting and protecting the rights of the child through mass sensitization and establishment of child rights observatory departments at local levels, thereby taking the decision-making powers to the children. 5. In 2004, the Committee on the Rights of the Child (CRC) was concerned that the legislation regarding children's rights, including customary law, was not fully compatible with the Convention.15 6. The National Commission for Human Rights in Rwanda (NCHRR) was accredited with A status by the International Coordinating Committee of National Human Rights Institutions for the Promotion and Protection of Human Rights (ICC) in 2001, which was reconfirmed in October 2007.16 While welcoming the establishment of the NCHRR, CRC was concerned that the Commission had insufficient human and financial resources.17 9. In 2004, CRC recommended that Rwanda adopt a national plan of action for children and allocate resources for its implementation.20 18. HR Committee noted that the number of girls entering secondary and higher education was lower than the number of boys.35 CEDAW made similar observations and expressed concern about the high dropout rate of girls and that traditional attitudes and early pregnancies were among the causes of girls' dropout.36 20. CRC remained concerned, inter alia, at the inadequate legal and de facto protection of and the insufficient facilities and services for children with disabilities, and the insufficient efforts made to facilitate their inclusion in the educational system and in society.40 25. While noting the prohibition of any act of torture against children by the Law on the Rights of the Child and Protection of Children against Abuse, CRC, in 2004 remained concerned at the absence of a definition of those offences in the Penal Code. It recommended that Rwanda adopt measures to combat torture.49 In 2007, the High Commissioner encouraged Rwanda to ratify the OP-CAT and thereby allow independent bodies to visit places where people are deprived of their liberty, in order to prevent torture.50 26. CRC noted that the legislation did not include an explicit prohibition of corporal punishment and was concerned at the persistent practice of corporal punishment by parents, teachers and law enforcement officers. It recommended, inter alia, that Rwanda introduce legislation explicitly prohibiting corporal punishment and promote alternative, non-violent forms of discipline.51 27. CRC was concerned about the high and increasing incidence of physical and sexual abuse of children, including in schools, care institutions and the family. It recommended, inter alia, that Rwanda investigate cases of violence through a child-sensitive judicial procedure.52 29. HR Committee was concerned about reports that the Kigali authorities often arrested persons belonging to vulnerable groups, such as street children, beggars and sex workers, on the grounds of vagrancy. Such persons were reported to be held in detention without any charges being brought against them.56 CRC was concerned that parents can request that a child whose conduct was not satisfactory be interned.57 30. CRC was concerned at numerous reports of recruitment of children below the age of 15 years by armed groups operating in Rwanda or in a neighbouring country. It was also concerned that not all former child soldiers, notably girls, were provided with the means of psychological recovery and social rehabilitation. It recommended, inter alia, that Rwanda ensure that children under the age of 18 were not recruited into the Local Defence Forces or into any armed group on the territory of Rwanda.58 In 2010, the ILO Committee of Experts made similar requests59 and urged Rwanda to adopt time-bound measures to demobilize child soldiers and secure their rehabilitation and social integration.60 34. CRC remained concerned about the increasing number of child victims of sexual exploitation and at the insufficient programmes for their recovery and social rehabilitation.66 35. CRC was concerned at the increasing number of street children and at the lack of a comprehensive strategy to address this situation. It was further concerned at reports indicating that street children had been rounded up and taken into custody.6 40. CRC was concerned that persons below the age of 18 at the time of their alleged war crimes had not yet been tried, had been detained in very poor conditions, and were still in what could be considered as pre-trial detention.74 41. CRC was concerned at the limited progress achieved in establishing a functioning juvenile justice system. In particular, it was concerned at the lack of juvenile courts, juvenile judges and social workers in this field and at the very poor conditions of detention, due to overcrowding in detention and prison facilities, overuse and long periods of pre-trial detention, the length of time before the hearing of juvenile cases, the lack of assistance towards the rehabilitation and reintegration of juveniles following judicial proceedings.75 48. In 2009, the Secretary-General noted that the genocide and the surge in HIV/AIDS cases had left Rwanda with one of the world's highest proportions of child-headed households.84 CRC was concerned that a large number of single-parent and child-headed families faced financial and other kinds of difficulties.85 49. In 2010, the ILO Committee of Experts referred to the latest estimates that there were approximately 210,000 orphans due to HIV/AIDS.86 CRC was concerned that one third of the children were orphans, and at reports regarding the abandonment of children by parents for economic reasons and the placement of many children in institutions, which was being resorted to in preference to developing alternative care measures.87 59. In 2009, the Secretary-General noted the decline in the levels of infant and maternal mortality, HIV infection and malaria.104 In 2009, CEDAW commended Rwanda for the recent decline in the incidence of HIV/AIDS and malaria and for the increased coverage of treatment for both diseases.105 UNDAF noted that while social indicators showed improvement in addressing the health of the population, however, these indicators were still among the highest in the world.106 60. CEDAW noted that, despite the reduction in the maternal mortality rate, the number remained high owing to lack of access to obstetric services. It was also concerned that many women, in particular in rural areas, gave birth at home.107 CRC was concerned at the still high infant, under-five, and maternal mortality rates and the low life expectancy. It was concerned that the survival and development of children continued to be threatened by early childhood diseases and that malnutrition was an acute problem.108 UNDP noted that malaria was the leading cause of morbidity and mortality and children under the age of five accounted for 35 per cent of all malaria-related deaths.109 61. According to UNDAF, geographical and social disparity in access to basic health services persisted.110 UNDP indicated that a child born into a poor family was twice as likely to die before the age of five as a child born into a rich family.111 62. According to UNDAF, most Rwandans died of diseases that could be prevented and/or cured through increased access to safe water and improved sanitation.112 CRC was concerned that insufficient attention had been given to adolescent health issues, including developmental, mental and reproductive health concerns and substance abuse, as well as adolescents traumatized by the consequences of the genocide.113 63. In 2007, UNDP noted that enormous efforts had been made to improve service delivery and funding of the health sector with public spending on health more than doubling over the last few years. However, Rwanda's starting point was extremely low as much of its human and institutional capacity had been decimated during the genocide and its health system was emerging from the ashes of war and years of neglect.114 In 2004, CRC was concerned that health services continued to lack adequate resources and at the lack of prenatal health care.11 65. CRC welcomed the fact that the 2003 Constitution provided for free and compulsory education.118 A 2010 United Nations Statistics Division source indicated that the total net enrolment ratio in primary education was 95.9 per cent in 2008.119 However, according to UNDAF, only 9.6 per cent of boys and 10.3 per cent of girls who started grade 1 actually reached grade 5.120 UNDP noted that quality remained a challenge in primary education.121 66. UNDP noted that secondary school enrolment also remained a challenge, with barely 10 per cent net enrolment nationally and 7.9 per cent in rural areas.122 According to UNDAF, obstacles to successful secondary school achievement included, inter alia, absence of qualified teachers, inappropriate infrastructure unable to meet basic water, sanitation and hygiene needs and inadequate teaching and learning materials.123 CRC made similar observations. It was also concerned at the gender and regional disparities in attendance and the high drop-out rates.124 68. CRC was concerned at the situation of children belonging to minorities, including Batwa children, in particular their limited access to basic social services, and the violation of their rights to development, to enjoy their own culture and to be protected from discrimination.127 69. UNHCR mentioned that Rwanda, in 2009, had renewed its emphasis on the return of Rwandan asylum-seekers and refugees and that return- and reintegration-related activities were being carried out as planned.128 CRC welcomed the fact that a large number of children had been reunited with their families over recent years, but remained concerned at the poor situation of children and their families who had returned to Rwanda, notably with regard to access to health services and education. It was further concerned that these children were not provided with adequate physical and psychological recovery and social rehabilitation.129 78. CEDAW called upon Rwanda to strengthen further its cooperation with specialized agencies and programmes of the United Nations system.143 CRC recommended seeking international assistance from various United Nations agencies; for a national plan of action for children144; on child soldiers145; on child labour;146 juvenile justice and police training147; on adoptions.148 2. Article 19 submitted that the Genocide Ideology Law was contrary to international human rights law. According to Article 19, the law's central concept of "genocide ideology" violated the Convention on the Prevention and Punishment of the Crime of Genocide of 1948 and the International Covenant on Civil and Political Rights of 1966 in multiple ways. Furthermore, numerous provisions of the Genocide Ideology Law that related to penalties were also in violation of international human rights law, notably the Convention on the Rights of the Child.4 Joint submission 3 (JS3) called on Rwanda to carry out an independent review of the implementation of all the genocide-related laws, and ensure their implementation in a way that is consistent with the rights recognised by the 1981 United Nations Declaration on Human Rights Defenders and with Rwanda's international obligations.5 8. Joint Submission 2 (JS2) indicated that children under the age of 16 years had been detained and especially homeless children and juvenile delinquents were arrested and regularly sent to "education camps" or prisons.13 22. CHRI stated that the Article 13 of the Constitution prohibited divisionism, negationism and trivialisation" but did not specify the substantive legal tests for such offences.38 JS3 noted that Rwanda passed a new Law on Genocide Ideology in 2008 to complement the 2003 Law on Genocide, which criminalised genocide denial, revisionism and divisionism. While in principle the broad objectives of these laws might appear legitimate, their provisions had been used to stifle dissent and were invoked on a number of occasions against human rights defenders. The 2008 Law, in particular, contained an extremely broad definition of genocide ideology and acts constituting genocide ideology. JS3 referred to the UN Special Rapporteur on human rights defenders who stated that it (the Law) "would be likely to limit any opposition even moderate to government, and restrict the full enjoyment of the right of freedom of expression and opinion".39 HRW made similar observations and expressed concern about the absence of the requirement to prove "intent" and "causality" for this crime.40 Article 19 noted that the penalties associated with the crimes under the Law were severe and included penalties for children under the age of twelve.41 JS2 and HRW stated that while genocide ideology laws sought to condemn all form of ethnic incitement and to prevent hate speech that was witnessed before and during the genocide, in practice it became a tool to quash debate, to discredit government critics, and to attempt to a single version of Rwanda's recent history. 42 HRW recommended that Rwanda review the Law on Genocide Ideology to ensure a more precise and narrow definition of the crimes in line with international norms, and require that intent to commit, assist or incite genocide be clearly demonstrated.43 31. JS2 stated that at least 22 percent of households (2.2 million people) were food- insecure, and another 24 percent were highly vulnerable to food insecurity. Food utilization was also a problem, as reflected in high levels of maternal and child malnutrition in many parts of the country. According to JS2, over 50 percent of children were chronically malnourished, while one child in four was underweight.66 36. JS1 stated that Rwanda's teaching reform of 2009, which provided that lessons must be exclusively in English, was discriminatory. This reform, which was in conflict with Article 5 of the Constitution, penalised those teachers who did not have the necessary skills to teach lessons in English and it also penalised French speaking pupils. JS1 recommended that Rwanda (1) promote multilingualism, in particular within the framework of teaching, in accordance with Article 5 of the Constitution.71 Accepted and Rejected Recommendations The following recommendations were accepted: A - 77.7. Continue to apply programmes and measures to improve the enjoyment of the right to education, the right to health, and the rights of women and children (Cuba) A - 77.16. Continue to focus on maternal and child health (Singapore) A - 77.18. Continue its efforts with regard to universal primary education and abolishing school fees, including the promotion of the Nine-Year Basic Education programme (Singapore); request support from the international community for its education policy, in particular the One Laptop Per Child programme, and for consolidating protection of the most vulnerable social groups, in particular the implementation of the national programme for childhood (Niger) A - 77.19. Secure greater investment in the education sector, without delay, in order to achieve the Education for All goal by 2015 (Sri Lanka); continue to seek development and technical assistance for capacity-building from development partners, with a view to finding solutions to the identified challenges militating against the fulfilment of its commitments (Nigeria); request technical and financial assistance from partners and specialized United Nations agencies (with regard to demographic growth, poverty reduction, protection of the informal sector and the environment) (Mauritania); avail itself of the technical assistance and capacity-building support provided by OHCHR (Burkina Faso); consider seeking further targeted technical assistance from United Nations agencies towards achieving its human rights obligations (Botswana) A - 78.4. Design plans and strategies to ensure sustainability in protecting the rights of women and children (Egypt) A - 78.5. Create a comprehensive policy on the rights of the child (Hungary) A - 78.11. Ensure, with effective measures, the demobilization of all child soldiers and secure their rehabilitation and social integration (Slovenia) A - 79.9. Continue the legal reform process, including the incorporation of a Plan of action to ensure access to justice by poor people and vulnerable groups, in particular women and children (Cambodia); ensure free legal assistance for underprivileged citizens (Slovakia) A - 79.19. Further the process of ensuring free secondary education in order to guarantee access to education for all young persons (Burundi) No recommendations are pending The following recommendations were rejected: R - 81.1. Ensure that children under the age of 18 are not recruited into any armed group on the national territory (Slovenia); prohibit child recruitment into local defence forces or into any armed group (Hungary)
24th January, 3pm to 6pm
Compilation of UN information
Stakeholder information
Accepted and rejected recommendations