A/HRC/19/56/Add.1 IV. Protection of distinct groups and prevention of genocide 20. Understandably, one of the highest priorities of the Government has been to guarantee security and prevent a recurrence of genocide or ethnic-based violence. A. Domestic law 21. Article 9 of the 2003 Constitution commits the Government to “fighting the ideology of genocide and all its manifestations, eradication of ethnic, regional and other divisions and promotion of national unity”. Law No. 18/2008 of 23 July 2008 relating to the Punishment of the Crime of Genocide Ideology was promulgated in October 2008. Under the law, the crime of genocide ideology is defined as: “Behaviour manifested by facts aimed at dehumanizing a person or a group of persons with the same characteristics in the following manner: 1. threatening, intimidating, degrading through defamatory speeches, documents or actions which aim at propounding wickedness or inciting hatred; 2. marginalising, laughing at one‟s misfortune, defaming, mocking, boasting, despising, degrading, creating confusion aiming at negating the genocide which occurred, stirring up ill feelings, taking revenge, altering testimony or evidence for the genocide which occurred; 3 illing, planning to kill or attempting to kill someone for purposes of furthering genocide ideology.” The sentence for genocide ideology is imprisonment for 10–25 years and a fine of up to 1 million Rwandan francs. 22. According to article 1 of Law No. 47/2001 on Prevention, Suppression and Punishment of the crime of Discrimination and Sectarianism, sectarianism is defined under the law as “the use of any speech, written statement or action that divides people, that is likely to spark conflicts among people, or that causes an uprising which might degenerate into strife among people based on discrimination”. 23. The laws of Rwanda on genocide ideology, sectarianism and divisionism have been severely criticized by NGOs, including on the grounds that it is unclear what acts constitute crimes under the laws and that they violate the right to freedom of expression. Amnesty International has described the laws as “broad and ill-defined” and stated that “the vague wording of the laws is deliberately exploited to violate human rights”.10 Other human rights groups maintain that the laws could be used to prosecute those who make benign references to ethnic identity or who seek to advocate for ethnic rights. Credible allegations have been made that charges of “divisionism” and “genocide ideology” have been used to silence dissent and obstruct the activities of legitimate political opposition (see chapter VI on political participation below). Government-sponsored surveys have revealed that it is commonly understood by Rwandans that references to ethnicity or ethnic groups are prohibited by law.11 In April 2010, the Government announced a review of the law on genocide ideology to respond to these criticisms and pertinent recommendations by the country‟s development partners. 10 11 8 Amnesty International, Safer to Stay Silent: The chilling effect of Rwanda’s laws on ‘genocide ideology’ and ‘sectarianism’ (London, 2010), p. 7. National Unity and Reconciliation Commission, Rwanda Reconciliation Barometer.