A/HRC/19/56/Add.1 44. The absence of complaints to Government bodies cannot be interpreted as an absence of discrimination. A survey by the Institute of Research and Dialogue for Peace indicates that ethnic-based discrimination remains a problem in Rwandan society.24 Some 36.5 per cent of interviewees believed that ethnic-related injustices exist in the labour market, justice system, public administration and service sector. The Government‟s own research documented in the Rwanda Reconciliation Barometer notes that 31.5 per cent of respondents “agreed” or “strongly agreed” with the statement: “although ethnic discrimination is banned in Rwanda, it still occurs”. Some 30.5 per cent of respondents “agreed” or “strongly agreed” that “Rwandans still judge each other on the basis of ethnic stereotypes”. 45. 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. 46. Numerous non-governmental sources contend that independent research and qualitative data reveal that persons belonging to certain identifiable groups face disadvantages or inequalities. Official population surveys, census or other data disaggregated on the basis of ethnicity are not available in Rwanda because of the Government‟s policy to not recognize ethnic categories. At least one Government body, however, has decided there is a need for disaggregated data in ensuring access of some vulnerable groups to services and in monitoring that access. The 2011 Ministry of Local Government‟s National Social Protection Strategy26 notes that “when undertaking monitoring we will ensure that data is disaggregated so that we can effectively track the inclusion of priority vulnerable categories in social protection programmes”. It is notable that this report states that “disaggregation of data will take place by, for example, sex, age, disability, ethnicity and status as genocide survivors”, which appears to be inconsistent with the Government position of non-recognition of ethnicity and consequently ethnic data. 47. The Constitution allows for consideration of affirmative action, however not explicitly based on ethnicity. Article 14 states that: “the State shall, within the limits of its capacity, take special measures for the welfare of the survivors of genocide … the disabled, the indigent and the elderly as well as other vulnerable groups”. In addition, under article 9, paragraph 4, of the Rwandan constitution, women are granted at least 30 per cent of posts in decision-making organs. In the National Social Protection Strategy, the Ministry of Local Government states that it seeks to help historically marginalized peoples in Rwanda and, “in particular, we will enable them to overcome their disadvantages by providing positive discrimination in terms of access to benefits from public services” (p. 33). Batwa and NGO representatives nevertheless emphasize that, while some groups, including women and genocide survivors, are afforded special measures, other highly disadvantaged groups are not. 24 25 26 Institute of Research and Dialogue for Peace, “Ethnic identity and social cohesion in Rwanda: Critical analysis of political, social and economic challenges”. See http://www.state.gov/g/drl/rls/hrrpt/2010/af/154364.htm. Available from www.ilo.org/gimi/gess/RessShowRessource.do?ressourceId=23208. 13

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