RWANDA: Children's Rights in the UN Special Procedures' Reports

Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.

Please note that the language may have been edited in places for the purpose of clarity.

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• Report of the Special Rapporteur on violence against women, its causes and consequences
• Independent Expert on minority issues

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Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy

E/CN.4/1998/54/Add.1
Report published on 4 February 1998

Issues raised:

Violence: Perhaps the most revolutionary section of the ICTR statute is article 4, which outlines the elements which may constitute a war crime under common article 3 of the Geneva Conventions addressing internal conflicts. Many commentators are of the opinion that grave breaches of the 1949 Geneva Conventions do not apply to internal conflict. However, according to the ICTR statute as adopted by the Security Council, the following are prohibited in internal conflicts: (Paragraph 43).

(a) Violence to life, health and physical or mental well-being of persons, in particular murder, as well as cruel treatment such as torture, mutilation or any other form of corporal punishment;

(b) Collective punishment;

(c) Taking of hostages;

(d) Acts of terrorism;

(e) Outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault;

(f) Pillage;

(g) The passing of sentences and carrying out executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

Sexual violence: In 1996, the Ministry of Health, in cooperation with the Ministry of Gender, Women and Social Affairs, and funded by the World Health Organization and the Government of Italy, initiated a comprehensive health project with a budget of US$ 295,000, in response to the finding that women and girls suffered the most during the genocide as a result of being victims of sexual violence, sexual abuse and rape. The objectives of the project are: (Paragraph 82).

(a) To improve the access of women victims to medical services;

(b) To create national networks of women victims of violence;

(c) To increase the technical capacity of the health personnel;

(d) To encourage women to make use of the health services available to

(e) To raise funds in support of women victims of violence; them; To increase the availability of medical equipment and medication,

(f) especially for women victims of violence.

Detention: In Butare Central Prison, at the time of the visit of the Special Rapporteur, there were 240 women and 17 children out of a total of 6,364 prisoners. Many of the prisoners, both male and female, had spent up to three years in detention, in substandard conditions, the majority of them without any official charges brought against them yet. The women were housed with their children in a separate wing on one side of the prison. The prison director explained to the Special Rapporteur that Butare Prison provided relatively good conditions for women prisoners since they all had their own place to sleep and did not have to sleep in shifts as in many overcrowded prisons in the country. The Special Rapporteur was also informed that a total of 30 women worked outside on the prison grounds during the day but that no other occupational activities were provided for women prisoners. It was also reported that women detainees were allowed only one outing per week of five or six minutes into the courtyard. (Paragraph 90).

The Special Rapporteur was concerned specifically about the sanitary conditions for women and their children and generally about the cohabitation of children with women in an already overcrowded area. She was informed that no officials or local health authorities monitor the sanitary conditions and that the supply of soap and sanitary napkins was irregular. These facts were contrary to the information provided by the Minister of Health, who stated that the regional directors of the Ministry in each prefecture had been asked to appoint one doctor in charge of prisons whose duty it would be to monitor sanitary conditions in prisons and detention centres. At the same time, in view of the extreme shortage of medical professionals in Rwanda, the Special Rapporteur is not surprised that such directives cannot be implemented. In addition, the Special Rapporteur was disconcerted to discover that approximately 60 to 70 mentally ill persons were detained in the same facility as other prisoners, without any special medical attention and notwithstanding the fact that, in accordance with international standards, persons who are found insane shall not be detained in prisons and are to be moved to mental institutions. (Paragraph 91).

In Kigali Central Prison, with a capacity of 2,000, there were 576 women out of 6,454 prisoners in total. Of the 576 female prisoners, 572 had been charged under the Genocide Act and were awaiting trial while three others had been sentenced. (The remaining woman was arrested for a common crime.) Compared to other prisons and detention facilities that the Special Rapporteur visited, conditions for women detainees in Kigali Central Prison were relatively bearable. Although prisoners had unregulated access to a courtyard within their compound, there were not enough bunks for everyone to sleep so that makeshift beds had been created on the floors. General medical services and social assistance were available to women prisoners but no gynaecologist. HRFOR detention officers also reported that women sometimes gave birth in prisons without any medical attention. The Special Rapporteur noted with concern that apparently the ICRC had stopped delivering sanitary napkins one month prior to the Special Rapporteur’s visit and no action had been taken in that regard. Hygienic considerations are extremely important in closed settings where many women live together with their children in order to avoid the spread of infections and diseases. (Paragraph 92).

Data collection: Another project to be implemented by UNICEF, in cooperation with the Ministry of Gender, Family and Social Affairs and the Ministry of Finance and Economic Planning, is the development of a matrix of indicators to monitor the implementation of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. A multiple-indicators survey to establish regular programme monitoring would support the Ministry of Planning to coordinate social statistics and would provide data and statistics on the economic and social situation of women and children, with a view to evaluating progress made in policy development and programme planning and implementation. (Paragraph 100).

Violence: With regard to violence against refugee women in camps, the Special Rapporteur was informed that incidents of rape and sexual violence that had occurred in the past years had largely been brought under control and that only occasional reports were received from the field. In particular in Ngara camp, a high incidence of rape as part of increased general violence had been reported and, despite police stations being established within the camp, law and order never had a significant impact on events in the camp. In such violent settings, it is inevitable that women and children suffer most. At the same time, it was emphasized that the sexual violence and rapes committed in camps were seemingly not part of a systematic strategy of violence targeted specifically against women but rather isolated occurrences. An exception was the establishment of brothels, managed by refugees themselves, in Goma camp in the Democratic Republic of the Congo, where women refugees were involved in commercial sexual exploitation. The Special Rapporteur was shocked to learn that whilst UNHCR had tried to close down the establishments, it appeared that government authorities of the Democratic Republic of the Congo, possibly with vested interests, had granted operating licences to such bars and businesses. (Paragraph 110).

Teenage pregnancy: There should be an inter-ministerial task force whose primary concern should be sexual violence during the genocide. The Ministry for Gender, Women and Social Affairs should take the lead, in cooperation with the Ministry of Health, in developing programmes addressing the consequences of sexual violence. The fact that there are only five gynaecologists in the whole country is a serious problem in Rwanda when a large part of the population is suffering from problems affecting their reproductive system. A mobile health unit, with an emphasis on the health of genocide survivors, including rape victims, should tour the country and treat affected persons. Many of those who came to testify before the Special Rapporteur, spoke of long-term health problems but said that they rarely visited doctors. A mobile unit would ensure that women who live in the interior are also given help and treatment. The mobile unit may also assist with problems related to HIV/AIDS, rape-related abortions, reconstructive surgery and early childhood and teenage pregnancies. (Paragraph 145).

Report of the independent expert on minority issues, Gay McDougall

A/HRC/19/56/Add.1
Report published on 28 November 2011

Issues raised:

Ethnicity and education: The colonial period was characterized by a strategy of divide and rule. Ethnic identity was highly manipulated and institutionalized in administrative organs during the colonial era. The population became indoctrinated with colonialists‟ theories of ethnicity. Even in post-colonial Rwanda, divisionism and discriminatory practices were further entrenched. Identification cards had ethnic classifications. Access to Government services, such as education and service employment, was based on an ethnic-quota system. Ethnic divisions were made a part of daily lessons in schools. Corrupt leaders exploited the system for political gains. The ultimate result was the 1994 genocide. (Paragraph 10).

Gender-based crimes: It is estimated that in the region of 250,000–500,000 mostly minority Tutsi women and girls were raped during the genocide. This led to ground-breaking jurisprudence developed by the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law National Unity and Reconciliation Commission, Rwanda Reconciliation Barometer, p. 64. Institute of Research and Dialogue for Peace, “Ethnic identity and social cohesion in Rwanda: Critical analysis of political, social and economic challenges”, p. 14. Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994 that recognized that rape could be a constituent element in the crimes of genocide and crimes against humanity. The Tribunal secured important convictions in this regard and documented a more detailed picture of the Rwandan genocide than had previously existed of any such events. (Paragraph 34).

Access to justice: In September 2009, the Committee on the Elimination of Discrimination against Women noted its concern that “equal access to justice and appropriate protection and support may not be guaranteed for all women and girl [rape] victims within the framework of the comprehensive process of prosecution of perpetrators that is ongoing at international and national levels” (CEDAW/C/RWA/CO/6, para. 23). The Committee urged Rwanda to continue to ensure appropriate protection, support and equal access to justice for the women victims of sexual violence during the genocide. (Paragraph 36).

Education and ethnic groups: Although Kinyarwanda, English and French are all official languages of Rwanda, some sources noted that the Government was pursuing a policy to promote the use of English, which favours those members of the population who lived in Anglophone countries while in exile. A 2008 Government decree to replace French with English 25 in 2010 as the language of instruction from elementary school grade three had a significant impact on French-speaking teachers and administration staff. The Government states that there is no discrimination on the basis of language and that promotion of English in education and Government affairs is for economic reasons and to facilitate Rwandan membership in Anglophone regional integration organizations. (Paragraph 45).

Government representatives noted that pre-genocide policies had been based on an ethnic quota system for access to secondary and higher education, training and Government employment, based on the percentage of each ethnic group in the general population. That quota-based system was instituted by the Hutu-led Government in reaction to the privileges previously afforded to those identified as Tutsi. The post-genocide Government, in its effort to eliminate ethnicity as a basis for privileges, made a strong commitment to a merit-based system based solely on test scores. There are currently no affirmative action programmes for those who may have in the past faced disadvantage or discrimination. (Paragraph 48).

The Senate Report concluded that “these Rwandans have special and serious problems to be solved as a matter of urgency”, including: “not seeing themselves as people with importance and rights; living like animals, as they have no adequate accommodation; not having any land to cultivate or to be used for development activities; not having property or crafts to help them earn a living; not utilizing healthcare services; lacking income and jobs; not having their children in school; early marriage or promiscuity; ignorance; and not socializing with other Rwandans”. NGOs that the independent expert consulted stated that these findings remain accurate and little progress has been made in improving the situation of the Batwa. (Paragraph 51).

Malnutrition: Community members described the effects of their living conditions on their health and highlighted inadequate health-care provision. In Bwiza, a Batwa community near Kigali, high infant mortality rates, short average lifespans and falling population numbers are in stark contrast to the general population growth. Community members described frequently experiencing hunger and children showed obvious signs of malnutrition. Poor shelters and exposure to cold and rain have negative implication for Batwa health along with limited sources of drinking water. (Paragraph 66).

Health: Batwa representatives emphasized the effects of poverty on the lives and health of Batwa women. Women in extreme poverty and with poor education and health information may be vulnerable to high rates of HIV/AIDS and sexually transmitted diseases. Poor levels of education and medical information also play a role. Very high infant mortality rates are a manifestation of poor living conditions and lack of access to adequate maternal health care. (Paragraph 68).

Education and minority groups: Research indicates that Batwa children experience significant obstacles to their right to education relative to other population groups, including low levels of enrolment, particularly at the post-primary level, very high dropout rates and poor education outcomes. According to a survey conducted by the Community of Potters of Rwanda,33 only 23 per cent of Batwa can read and write. Very few Batwa proceed to higher education institutions. Research34 in 2008 and 2009 revealed that 54 per cent of Batwa women and girls interviewed had not been to school. (Paragraph 69).

Education: The Government and NGOs highlighted that the Ministry of Education had initiated a policy of free primary and secondary education for children from marginalized and other vulnerable families in State schools in 2008/9.The Government has achieved commendable successes in the field of education and notes that Rwanda is close to reaching universal education in primary and secondary school. Primary school enrolment stands at 94 per cent for boys and 96.5 per cent for girls. However, the poor living conditions of some Batwa families are clearly affecting the ability of Batwa children to attend school or achieve good education outcomes. In one community visited near Musanze, hunger was highlighted as the primary factor contributing to poor school attendance. Batwa representatives also stated that children face discrimination in school and are often “chased away” from the classroom. (Paragraph 70).