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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ___________________________________________________________________ While acknowledging the prohibition of discrimination in the 2003 Constitution (art. 11) and taking note of the efforts of the State party to address discrimination, including the adoption of Law No. 22/99 of 12 November 1999 regarding inheritance rights for women and the development of a gender policy by the Ministry of Gender Issues and the Advancement of Women, the Committee is concerned at the persistence of de facto discrimination in the State party. In particular, the Committee is concerned at the disparities in the enjoyment of rights experienced by girls and children belonging to the most vulnerable groups, such as abandoned and orphan children, children with disabilities, children born out of wedlock, children living in rural areas and Pygmy children. The Committee recommends that the State party: (a) Make greater efforts to ensure that all children within its jurisdiction enjoy all the rights set out in the Convention without discrimination, in accordance with article 2; and The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of the Committee’s General Comment No. 1 (aims of education). (Paragraphs 23 to 25) The Committee welcomes the fact that article 40 of the 2003 Constitution provides for free and compulsory education in public schools and that enrolment rates in primary education are similar for boys and girls, but is concerned that enrolment in schools is still low and that illiteracy is widespread. The Committee is also concerned at the gender and regional disparities in attendance, the high drop-out and repeat rates, the insufficient numbers of trained teachers, schools and classrooms, and the lack of relevant teaching material. In the light of article 29, paragraph 1, of the Convention, the Committee is also concerned at the quality of education in the State party. The Committee recommends that the State party take all necessary measures to: (a) Progressively ensure that girls and boys, from urban, rural and least developed areas, all have equal access to educational opportunities; UN Human Rights Committee The Committee notes that the number of girls entering secondary and higher education is less than the number of boys, in particular because of the persistence of traditional attitudes towards the role of women in society (arts. 3 and 26 of the Covenant). The Committee urges the State party to: (a) Redouble its efforts to guarantee girls and boys equal access to all forms and levels of education and take steps to raise the awareness of families in that regard. (Paragraph 10) UN Committee on the Elimination of Discrimination against Women The Committee is concerned about the persistence of deeply rooted, traditional patriarchal stereotypes regarding the role and responsibilities of women and men in the family and in the wider community, which result in violence against women and are reflected, in particular, in women's limited educational opportunities and their disadvantaged situation in the labour market. The Committee urges the State party to: (a) Implement comprehensive measures directed to change the widely accepted attitudes and practices of women's subordination and the stereotypical roles applied to both sexes. Such measures should include awareness-raising and educational campaigns addressing women and men, girls and boys, religious and community leaders, parents, teachers and officials, in accordance with the obligations under articles 2 (f) and 5 (a) of the Convention. (b) Encourage the media to discuss and promote non-stereotypical and positive images of women, and promote the value of gender equality to society as a whole. (Paragraphs 21 and 22) While appreciating the State party's efforts in reducing female illiteracy, achieving parity in primary education, and introducing free and compulsory nine-year public school education, the Committee is concerned at the low enrolment rate of girls in secondary and higher education and at the high dropout rate of girls. The Committee is further concerned that traditional attitudes and early pregnancies are among the causes of girls dropping out of education and that pregnant girls who leave school as a result of the measure of suspension encounter difficulties in resuming their studies. It is also concerned about the low number of female teachers, especially in secondary and higher education and in leadership positions. The Committee urges the State party to: (a) Take steps to ensure de facto equal access of girls and young women to all levels of education, overcome traditional attitudes hampering women and girls from fully enjoying their right to education, retain girls in schools and implement re-entry policies enabling young women to return to school after pregnancy. (b) Take measures to increase the enrolment of girls at all levels, and introduce temporary special measures, in accordance with its general recommendation No. 25. (c) Take measures to increase the number of female teachers, especially at secondary and university levels and in leadership positions. (Paragraphs 31 and 32) Universal Periodic Review (January 2011) 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) (accepted) The Committee welcomes the fact that article 40 of the 2003 Constitution provides for free and compulsory education in public schools and that enrolment rates in primary education are similar for boys and girls, but is concerned that enrolment in schools is still low and that illiteracy is widespread. The Committee is also concerned at the gender and regional disparities in attendance, the high drop-out and repeat rates, the insufficient numbers of trained teachers, schools and classrooms, and the lack of relevant teaching material. In the light of article 29, paragraph 1, of the Convention, the Committee is also concerned at the quality of education in the State party. The Committee recommends that the State party take all necessary measures to: (a) Progressively ensure that girls and boys, from urban, rural and least developed areas, all have equal access to educational opportunities; The Committee welcomes the launching of a study to assess access to education by disabled children, but remains concerned at the lack of data on such children and at the inadequate legal and de facto protection of and the insufficient facilities and services for children with disabilities. Concern is also expressed at the limited number of trained teachers available to work with children with disabilities, as well as the insufficient efforts made to facilitate their inclusion in the educational system and generally in society. The Committee also notes with concern the inadequate resources allocated to special education programmes for children with disabilities. In the light of the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex) and the recommendations adopted by the Committee during its day of general discussion on the rights of children with disabilities (CRC/C/69, paras. 310-339), it is recommended that the State party: (a) Take effective measures to collect adequate statistical data on children with disabilities and to ensure that such data are used in the development of policies and programmes for these children; UN Human Rights Committee The Committee notes that the number of girls entering secondary and higher education is less than the number of boys, in particular because of the persistence of traditional attitudes towards the role of women in society (arts. 3 and 26 of the Covenant). The Committee urges the State party to: (a) Redouble its efforts to guarantee girls and boys equal access to all forms and levels of education and take steps to raise the awareness of families in that regard. (Paragraph 10) UN Committee on the Elimination of Racial Discrimination The Committee is concerned at reports it has received of the persistence of negative stereotypes where the Batwa are concerned. It is also concerned at the weak impact of the measures taken by the State party to help the Batwa, who continue to suffer from poverty and discrimination in obtaining access to education. Their educational level remains the lowest and their dropout rate the highest as compared with the rest of the population The Committee urges the State party to: (a) Combat stereotypes and ensure that the Batwa are not victims of discrimination, and that they benefit equally with other population groups from plans and programmes implemented by the State party (b) Facilitate and guarantee Batwa children's access to education without discrimination, in particular by taking steps to cut the high dropout rate, and continue to promote awareness of the importance of education among adults of the Batwa community (Paragraph 16) UN Committee on the Elimination of Discrimination against Women While appreciating the State party's efforts in reducing female illiteracy, achieving parity in primary education, and introducing free and compulsory nine-year public school education, the Committee is concerned at the low enrollment rate of girls in secondary and higher education and at the high dropout rate of girls. The Committee is further concerned that traditional attitudes and early pregnancies are among the causes of girls dropping out of education and that pregnant girls who leave school as a result of the measure of suspension encounter difficulties in resuming their studies. It is also concerned about the low number of female teachers, especially in secondary and higher education and in leadership positions. The Committee urges the State party to: (a) Take steps to ensure de facto equal access of girls and young women to all levels of education, overcome traditional attitudes hampering women and girls from fully enjoying their right to education, retain girls in schools and implement re-entry policies enabling young women to return to school after pregnancy. (b) Take measures to increase the enrolment of girls at all levels, and introduce temporary special measures, in accordance with its general recommendation No. 25. (c) Take measures to increase the number of female teachers, especially at secondary and university levels and in leadership positions. (Paragraphs 31 and 32) UN Committee on Migrant Workers While noting the information provided by the State party about the availability of universal free primary and secondary education, the Committee is concerned at the lack of statistics on primary and secondary school enrolment rates for children of migrant workers and access to education for the children of migrant workers in an irregular situation. The Committee recommends that the State party take all necessary measures to ensure that children of migrant workers in an irregular situation have access to education on the basis of equality of treatment with nationals of the State party. The Committee also recommends that the State party take all necessary measures to include in its next periodic report data disaggregated by gender, age and nationality on the number of children of migrant workers enrolled in primary and secondary schools, including those in an irregular situation or whose parents are in an irregular situation. (Paragraphs 33 and 34) Independent Expert on minority issues 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 organisations. (Paragraph 45). The Government and NGOs highlighted that the Ministry of Education had initiated a policy of free primary and secondary education for children from marginalised 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). Universal Periodic Review (January 2011) 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) (accepted) 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) (accepted) 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 specialised 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) (accepted) A - 79.19. Further the process of ensuring free secondary education in order to guarantee access to education for all young persons (Burundi) (accepted) The Committee welcomes the ratification of the Optional Protocol to the Convention on the involvement of children in armed conflict. The Committee further welcomes that Law No. 27/2001 on the Rights of the Child and Protection of Children against Abuse prohibits military service for children under 18 (art. 19), but remains deeply concerned that this law does not apply for the Local Defence Forces. The Committee is further concerned at numerous reports of recruitment of children below the age of 15 years by armed groups operating in the State party or in the Democratic Republic of the Congo. The Committee is also concerned that not all former child soldiers, notably girls, are provided with the means of psychological recovery and social rehabilitation. The Committee recommends that the State party: (a) Take all necessary measures to ensure that children below the age of 18 years are not recruited in the Local Defence Forces or in any armed group on the territory of the State party; UN Human Rights Committee The Committee remains concerned at the large number of persons, including women and children, reported to have been killed from 1994 onwards in the course of operations by the Rwandan Patriotic Army, and at the limited number of cases reported to have resulted in prosecution and punishment by the Rwandan courts (art. 6 of the Covenant). The Committee urges the State party to: (a) Take steps to ensure that such acts are investigated by an independent authority and that those responsible are prosecuted and duly punished. (Paragraph 13) Universal Periodic Review (January 2011) A - 78.11. Ensure, with effective measures, the demobilisation of all child soldiers and secure their rehabilitation and social integration (Slovenia) (accepted) 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) (rejected) The Committee is extremely concerned that persons below the age of 18 at the time of their alleged war crime have not yet been tried, have been detained in very poor conditions, some for a very long time, and are not provided with appropriate services to promote their rehabilitation. The Committee notes the establishment of gacaca courts but is deeply concerned that no specific procedure has been established for those who were under 18 at the time of their alleged crime, as required by article 40, paragraph 3, of the Convention, and are still in what could be considered as pre-trial detention. In the light of articles 37, 40 and 39 of the Convention and other relevant international standards, the Committee recommends that the State party take all necessary measures to complete within six months all pending legal proceedings against persons who were below the age of 18 at the time they allegedly committed war crimes. (Paragraphs 70 and 71) In addition, it is deeply concerned at the very poor conditions of detention, In addition, the Committee recommends that the State party: (b) Consider deprivation of liberty only as a measure of last resort and for the shortest possible period and limit by law the length of pre-trial detention; The Committee is further concerned at reports indicating that street children have been rounded up and taken into custody, where they are living in poor conditions. The Committee recommends that the State party: (b) Consider addressing the situation of street children under the system of youth social welfare services and stop rounding up these children and sending them to detention centres; (Paragraphs 68 and 69) UN Human Rights Committee The Committee is concerned at reports of appalling prison conditions, particularly as regards hygiene, access to health care and food. It is also concerned about the fact that there appears to be no guarantee that detained children will be held separately from adults, and accused from convicted persons (art. 10 of the Covenant). The Committee urges the State party to: (a) Adopt effective measures against overcrowding in detention centres and ensure conditions of detention that respect the dignity of prisoners, in accordance with article 10 of the Covenant. (b) Put in place a system to segregate accused persons from convicted persons and minors from other prisoners. (c) Take steps to ensure that all the United Nations Standard Minimum Rules for the Treatment of Prisoners are respected. (Paragraph 15) The Committee is concerned about reports that the Kigali authorities often arrest persons belonging to vulnerable groups, such as street children, beggars and sex workers, on the grounds of vagrancy. Such persons are reported to be held in detention without any charges being brought against them and in very poor material conditions (art. 9 of the Covenant). The Committee urges the State party to: (a) Take steps to ensure that no one is detained arbitrarily, in particular for reasons essentially of poverty, and to abolish the offence of vagrancy from the criminal legislation. (Paragraph 16) UN Committee against Torture While noting efforts made by the Government, the Committee is concerned about the inadequate prison conditions in the State party, in particular with regard to hygiene, access to health care and food. It is concerned about the high rate of overcrowding and that people may be held in detention after having completed their sentences. The Committee also expresses concern at reports that a high number of mothers are detained with their babies in extremely difficult conditions (arts. 2, 11 and 16). The State party should strengthen its efforts to improve prison conditions and ensure that they are in conformity with the Standard Minimum Rules for Treatment of Prisoners, by: (a) Reducing the high rate of overcrowding, in particular through the wider use of non-custodial measures as an alternative to imprisonment, in the light of the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules); (b) Releasing detainees who have completed most of their prison sentences and for whom reintegration into society is considered appropriate by the competent authorities; (c) Avoiding long periods of pretrial detention and ensuring that pretrial detainees receive a fair and speedy trial; (d) Ensuring that minors are separated from adults, and that pretrial detainees are separated from convicted detainees; (e) Ensuring that mothers detained with their babies are placed in more appropriate settings. (Paragraph 19) The Committee is concerned that minors under 12 years of age who are in conflict with the law can be detained for a maximum period of eight months, and that such minors are not always detained separately from adults. The Committee is also concerned about reports that some minors are arrested and detained for vagrancy without any legal safeguards (arts. 2, 10 and 16). The State party should take steps, as a matter of urgency, to avoid detaining minors in conflict with the law and, as an alternative to imprisonment, provide them with special care. The State party should also ensure that all minors are only deprived of their liberty as a last resort and for a short period of time. The State party should further ensure that minors deprived of their liberty enjoy full legal safeguards, and if convicted, that they are detained separately from adults. (Paragraph 20) UN Special Rapporteur on violence against women, its causes and consequences 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 Committee is concerned at the situation of children belonging to minorities, including Batwa children, in particular their limited access to basic social services, including health care, immunisation and education, and the violation of their rights to survival and development, to enjoy their own culture and to be protected from discrimination. In line with its recommendations adopted at its day of general discussion on the rights of indigenous children (CRC/C/133, para. 624), the Committee recommends that the State party: (a) Undertake a study to assess the situation and the needs of Batwa children and to elaborate a plan of action involving leaders of the Batwa community to protect the rights of those children and ensure their social services; and UN Committee on the Elimination of Racial Discrimination The Committee is concerned at reports it has received of the persistence of negative stereotypes where the Batwa are concerned. It is also concerned at the weak impact of the measures taken by the State party to help the Batwa, who continue to suffer from poverty and discrimination in obtaining access to education. Their educational level remains the lowest and their dropout rate the highest as compared with the rest of the population The Committee urges the State party to: (a) Combat stereotypes and ensure that the Batwa are not victims of discrimination, and that they benefit equally with other population groups from plans and programmes implemented by the State party (b) Facilitate and guarantee Batwa children's access to education without discrimination, in particular by taking steps to cut the high dropout rate, and continue to promote awareness of the importance of education among adults of the Batwa community (Paragraph 16) Independent export on minority issues 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 utilising healthcare services; lacking income and jobs; not having their children in school; early marriage or promiscuity; ignorance; and not socialising 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). 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). Batwa representatives emphasised 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). 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). The Government and NGOs highlighted that the Ministry of Education had initiated a policy of free primary and secondary education for children from marginalised 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). The Committee is concerned about the high and increasing incidence of physical and sexual abuse of children, including in schools, care institutions and the family. Concern is also expressed about the lack of awareness of and information on domestic violence, ill-treatment and abuse (sexual, physical and psychological) of children and the insufficient financial and human resources allocated for programmes to prevent and combat abuse of children. In the light of article 19 of the Convention, the Committee recommends that the State party: (a) Undertake a comprehensive study on domestic violence, ill-treatment and abuse (including sexual abuse within the family) in order to adopt laws, policies and programmes that will help change attitudes and improve the prevention and treatment of cases of violence against children; UN Committee against Torture The Committee notes the measures taken by the State party to combat domestic violence, in particular violence against women and girls. The Committee also notes that the number of cases of rape decreased between 2006 and 2009. However, the Committee remains concerned about the persistence of this phenomenon, as indicated in the State party’s report, and notes that there were 1,570 cases of rape of children recorded by the State party in 2009. The Committee also regrets the absence of comprehensive and recent statistical data on domestic violence, as well as on investigations, prosecutions, convictions and penalties applied against perpetrators. The Committee further expresses concern about the absence of comprehensive legislation against corporal punishment of children (arts. 2, 12-14). The State party should reinforce measures to eliminate domestic violence, in particular violence against women and girls, including by adopting a comprehensive strategy. It should facilitate the lodging of complaints by women against perpetrators, and ensure prompt, impartial and effective investigations of all allegations of sexual violence as well as prosecute suspects and punish perpetrators. The State party should continue to provide women victims with assistance, including shelters, medical aid and rehabilitation measures. Furthermore, the State party should explicitly prohibit corporal punishment of children in all settings. The State party should provide the Committee with information on the investigations of cases of domestic violence, in particular violence against women and girls, including rape and other crimes, including sexual violence, and on the outcome of trials, including information on the penalties to perpetrators, and redress and compensation offered to the victims. (Paragraph 16) UN Special Rapporteur on violence against women, its causes and consequences 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 emphasised 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). 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). 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). While commending the State party for its efforts to reconstruct the country and eliminate the grave consequences of the 1994 genocide, by fostering an environment of peace, unity and reconciliation, the Committee is concerned that women's participation and involvement in the post-conflict reconstruction and social-economic development may not be fully realised owing to deeply entrenched stereotypes and gender-based violence, as well as other forms of discrimination against women. Aware that many women and girls were victims of sexual violence, including rape and sexual torture, during the genocide, the Committee also expresses concern that equal access to justice and appropriate protection and support may not be guaranteed for all women and girl victims within the framework of the comprehensive process of prosecution of perpetrators that is ongoing at international and national levels. The Committee calls upon the State party to: (a) Take all necessary measures, as emphasised in United Nations Security Council resolutions 1325 (2000) and 1820 (2008), and in conformity with the Convention and the Beijing Platform for Action, in order to ensure women's equal participation and full involvement in the reconstruction and socio-economic development of the country. (b) Continue to ensure appropriate protection, support and equal access to justice for the women victims of sexual violence during the genocide. (Paragraphs 23 and 24) Independent expert on minority issues 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 recognised 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). The Committee welcomes the ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography, but remains concerned about the increasing number of child victims of sexual exploitation, including for prostitution and pornography, especially among girls, child orphans and abandoned and other disadvantaged children. Concern is also expressed at the insufficient programmes for the physical and psychological recovery and social rehabilitation of child victims of such abuse and exploitation. In the light of article 34 and other related articles of the Convention, the Committee recommends that the State party: (a) Extend the protection from sexual exploitation and trafficking contained in all relevant legislation to all boys and girls below the age of 18 years; UN Committee on the Elimination of Discrimination against Women While welcoming the State party's ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime and the draft of a bill dealing with these issues, the Committee is concerned at the lack of awareness of the scope of this phenomenon and the absence of effective measures to address all its dimensions, including its root causes and protection for victims of trafficking. It regrets the lack of information and statistical data provided by the State party on trafficking in women and girls and on the extent of prostitution. The Committee is further concerned at the criminalisation of women and girls involved in prostitution, while the demand is not being addressed. The Committee urges the State party to: (a) Speedily enact the Bill on suppressing, prosecuting and punishing trafficking in human beings, and introduce effective prevention measures, timely prosecution and punishment of traffickers and the provisions of protection and support to victims. (b) Provide information and training on the new bill to the judiciary, lawyers and law enforcement officials, including border police, as well as public officials, social workers and community development officers. (c) Adopt comprehensive measures to address trafficking and the exploitation of prostitution, and ensure the allocation of sufficient human and financial resources for their effective implementation, including collection of sex-disaggregated data. (d) Address the root causes of trafficking and the exploitation of prostitution of women and girls and take measures for the rehabilitation and social integration of women and girls who have been victims of such activity. (Paragraphs 27 and 28) UN Committee on Migrant Workers The Committee is concerned at reports that Rwandan children are being recruited and sent to Kenya, Uganda and Tanzania, where they are forced to perform agricultural labour or subjected to domestic slavery or prostitution, and that some children from neighbouring countries are subjected to prostitution in the State party. The Committee is also concerned at the absence of studies, analyses and disaggregated data that would allow an assessment to be made of the extent of trafficking into, in transit through and from the State party, and of any law against trafficking in persons. The Committee recommends that the State party: (a) Adopt a law to combat trafficking in persons and protect victims of trafficking; (b) Provide training to border guards, labour inspectors, immigration officials and other law enforcement officials to ensure the prompt identification of victims of trafficking; (c) Establish effective mechanisms for the identification and protection of victims of human trafficking; (d) Bring perpetrators of crimes related to trafficking to justice; and (e) Undertake an assessment of trafficking in persons to, in transit through and from the State party and systematically compile disaggregated data in this regard. (Paragraphs 45 and 46) The Committee welcomes the adoption of the new Labour Code, Law No. 51/2001 of 31 December 2001, but is nevertheless deeply concerned that child labour in the State party is widespread, particularly in the informal sector where children work as domestic workers, and that children may be working long hours at young ages, which has a negative effect on their development and school attendance. In the light of article 32 and other related articles of the Convention, the Committee recommends that the State party: (a) Undertake a comprehensive study to assess the situation of child labour; UN Committee on Migrant Workers The Committee is concerned at reports that a certain number of children from neighbouring countries are subjected to forced labour in the State party. The Committee recommends that the State party increase labour inspections and impose appropriate penalties on employers exploiting child migrant workers or subjecting them to forced labour and abuse, especially in the informal economy. (Paragraphs 19 and 20) The Committee is concerned at reports that Rwandan children are being recruited and sent to Kenya, Uganda and Tanzania, where they are forced to perform agricultural labour or subjected to domestic slavery or prostitution, and that some children from neighbouring countries are subjected to prostitution in the State party. The Committee recommends that the State party: Provide training to border guards, labour inspectors, immigration officials and other law enforcement officials to ensure the prompt identification of victims of trafficking; (Paragraphs 45 and 46) Aware that many women and girls were victims of sexual violence, including rape and sexual torture, during the genocide, the Committee also expresses concern that equal access to justice and appropriate protection and support may not be guaranteed for all women and girl victims within the framework of the comprehensive process of prosecution of perpetrators that is ongoing at international and national levels. The Committee calls upon the State party to: (b) Continue to ensure appropriate protection, support and equal access to justice for the women victims of sexual violence during the genocide. (Paragraphs 23 and 24) Independent expert on minority issues 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). Universal Periodic Review (January 2011) 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) (accepted) While taking note of the adoption of, inter alia, the National Health Policy 2002 and Vision 2020, the Committee is deeply concerned at the still high infant, under-five, and maternal mortality rates and the low life expectancy in the State party. The Committee is also concerned that health services continue to lack adequate resources (both financial and human). In addition, the Committee is concerned that the survival and development of children in the State party continue to be threatened by early childhood diseases and that malnutrition is an acute problem. Concerns also exist at the lack of prenatal health care. The Committee recommends that the State party: (a) Reinforce its efforts to allocate appropriate resources and develop and implement comprehensive policies and programmes to improve the health situation of children, particularly in rural areas; UN Special Rapporteur on violence against women, its causes and consequences 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). Independent export on minority issues 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). Universal Periodic Review (January 2011) 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) (accepted) The Committee is concerned that insufficient attention has been given to adolescent health issues, including developmental, mental and reproductive health concerns, substance abuse, as well as adolescents traumatised by the consequences of the genocide. The Committee is also concerned at the particular situation of girls, given, for instance, the very high percentage of early marriages and early pregnancies, which can have a negative impact on their health. The Committee recommends that the State party: (a) Undertake a comprehensive study to assess the nature and extent of adolescent health problems and, with the full participation of adolescents, use this as a basis to formulate adolescent health policies and programmes with a particular focus on the prevention of sexually transmitted infections (STIs), including HIV/AIDS, and early pregnancies, especially through reproductive health education for both boys and girls; UN Special Rapportuer on violence against women, its causes and consequences 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).
Discrimination against women and girls, particularly with regards to education
UN Committee on the Rights of the Child (Concluding Observations, July 2004)
(b) Prioritise and target social services for children belonging to the most vulnerable groups, including in the framework of international cooperation.
(b) Take the necessary measures to remedy the low quality of education and to ensure better internal efficiency in the management of education;
(c) Build better infrastructure for schools and provide appropriate training for teachers and school materials;
(d) Improve the education system with a view to achieving the aims mentioned in article 29, paragraph 1, of the Convention and the Committee’s general comment on the aims of education, and introduce into the school curricula human rights, including children’s rights, as well as education on peace and tolerance and environmental education;
(e) Raise awareness of the importance of early childhood education and introduce it into the general framework of education;
(f) Encourage the participation of children at all levels of school life; and
(g) Seek technical assistance from, among others, UNICEF and UNESCO.
Last reported: 18 and 19 March 2009
Concluding Observations adopted: 30 March 2009
Last reported: 4 February 2009
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Inadequate education provision
UN Committee on the Rights of the Child (Concluding Observations, June 2004)
(b) Take the necessary measures to remedy the low quality of education and to ensure better internal efficiency in the management of education;
(c) Build better infrastructure for schools and provide appropriate training for teachers and school materials;
(d) Improve the education system with a view to achieving the aims mentioned in article 29, paragraph 1, of the Convention and the Committee’s general comment on the aims of education, and introduce into the school curricula human rights, including children’s rights, as well as education on peace and tolerance and environmental education;
(e) Raise awareness of the importance of early childhood education and introduce it into the general framework of education;
(f) Encourage the participation of children at all levels of school life; and
(g) Seek technical assistance from, among others, UNICEF and UNESCO. (Paragraphs 56 and 57)
(b) Reinforce its efforts to develop early detection programmes to prevent disabilities;
(c) Establish special education programmes for children with disabilities and, where feasible, integrate such children into mainstream schools and public life;
(d) Undertake awareness-raising campaigns to sensitise the public about the rights and special needs of children with disabilities, as well as children with mental health problems;
(e) Increase the resources, both financial and human, allocated to special education and the support to children with disabilities;
(f) Seek technical cooperation for the training of professional staff, including teachers, working with and for children with disabilities from, among others, WHO and UNICEF. (Paragraphs 46 and 47)
Last reported: 18 and 19 March 2009
Concluding Observations adopted: 30 March 2009
Last reported: 8 March 2011
Concluding Observations adopted; 11 March 2011
Last reported: 4 February 2009
Last reported: 10 and 11 September 2012
Concluding Observations adopted: 10 October 2012
Report published: 28 November 2011
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 utilising healthcare services; lacking income and jobs; not having their children in school; early marriage or promiscuity; ignorance; and not socialising 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).
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).
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Children involved in armed conflict
UN Committee on the Rights of the Child (Concluding Observations, July 2004)
(b) Make additional efforts to demobilise child soldiers and reintegrate them into their communities and provide for their full psychological recovery and social rehabilitation, paying special attention to girls; and
(c) Seek technical assistance from, among others, UNICEF. (Paragraphs 62 and 63)
Last reported: 18 and 19 March 2009
Concluding Observations adopted: 30 march 2009
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Use of, and conditions in, detention for children
UN Committee on the Rights of the Child (Concluding Observations, July 2004)
due notably to overcrowding in detention and prison facilities, overuse and extremely 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
and the lack of systematic training of judges, prosecutors and prison staff.
(d) Protect the rights of children deprived of their liberty and improve their conditions of detention and imprisonment, including by addressing the problem of overcrowding in prisons and establishing special prisons for children with conditions suited to their age and needs, and in the meantime guarantee that all persons under 18 are separated from adults in prisons and places of pre-trial detention throughout the country; (Paragraphs 72 and 74)
Last reported: 18 and 19 March 2009
Concluding Observations adopted: 30 March 2009
Last reported: 15 and 16 May 2012
Concluding Observations adopted: 26 June 2012
Report published: 4 February 1998
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).
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Discrimination against, and inequality affecting, children from indigenous backgrounds, particularly Batwa children
UN Committee on the Rights of the Child (July 2004)
(b) Seek adequate means and measures to ensure birth registration, health , care etc. (Paragraphs 75 and 76)
Last reported: 8 March 2011
Concluding Observations adopted: 11 March 2011
Report published: 28 November 2011
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Violence against children, including physical and sexual abuse of children
UN Committee on the Rights of the Child (Concluding Observations, June 2004)
(b) Strengthen awareness-raising campaigns, with the involvement of children, in order to prevent and combat child abuse;
(c) Properly investigate cases of violence through a child-sensitive judicial procedure, notably by giving appropriate weight to children’s views in legal proceedings, and both punish and provide counselling for perpetrators, having due regard to the child’s right to privacy;
(d) Establish an appropriate individual complaint procedure, inform children about this mechanism and encourage them to use it;
(e) Provide services for the physical and psychological recovery and social rehabilitation of the victims of rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with article 39 of the Convention, and take measures to prevent the criminalisation and stigmatisation of victims;
(f) Take into consideration the recommendations of the Committee adopted during its days of general discussion on children and violence (CRC/C/100, para. 688, and CRC/C/111, paras. 701-745); and
(g) Seek technical assistance from, among others, UNICEF and WHO. (Paragraphs 44 and 45)
Last reported: 15 and 16 May 2012
Concluding Observations adopted: 26 June 2012
Report published: 4 February 1998
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Gender-based violence
UN Committee on the Elimination of Discrimination against Women
Report published: 28 November 2011
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Trafficking of children, including for sexual exploitation
UN Committee on the Rights of the Child (Concluding Observations, June 2004)
(b) Ensure that child victims of sexual exploitation are not considered as offenders;
(c) Implement appropriate gender- and child-sensitive policies and programmes to prevent it and to rehabilitate child victims in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 World Congresses against Commercial Sexual Exploitation of Children. (Paragraphs 66 and 67)
Last reported: 4 February 2009
Last reported: 10 and 11 September 2012
Concluding Observations adopted: 10 October 2012
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Child labour
UN Committee on the Rights of the Child (Concluding Observations, June 2004)
(b) Amend the existing legislation to harmonise it with the various international instruments that have been ratified by the State party, including ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour;
(c) Provide adequate human and other resources and training to the labour inspectorate and other law enforcement agencies in order to further strengthen their capacity to effectively monitor the full implementation of child labour legislation; and
(d) Seek assistance from ILO/IPEC and UNICEF. (Paragraphs 64 and 65)
Last reported: 10 and 11 September 2012
Concluding Observations adopted: 10 October 2012
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Barriers to access to justice for children
UN Committee on the Elimination of Discrimination against Women
Last reported: 4 February 2009
Report published: 28 November 2011
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Inadequate health care provision
UN Committee on the Rights of the Child (Concluding Observations, June 2004)
(b) Facilitate greater access to primary health services; reduce the incidence of maternal, child and infant mortality; prevent and combat malnutrition, especially among vulnerable and disadvantaged groups of children; and promote proper breastfeeding practices;
(c) Develop the highest attainable standard of health care;
(d) Establish midwifery training programmes to ensure safe home delivery;
(e) Pursue additional avenues for cooperation and assistance for child health improvement with, among others, WHO and UNICEF. (Paragraphs 48 and 49)
Report published: 4 February 1998
Report published: 28 November 2011
Health: Batwa representatives emphasised 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).
A - 77.16. Continue to focus on maternal and child health (Singapore) (accepted)
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Inadequate adolescent and reproductive health care provision
UN Committee on the Rights of the Child (Concluding Observations, June 2004)
(b) Strengthen adolescent-sensitive mental health counselling services and make them known and accessible to adolescents.
Report published: 4 February 1998
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