A/HRC/19/56/Add.1 B. Laws relating to genocide ideology and divisionism 89. The current wording of Rwandan laws relating to genocide ideology, divisionism and sectarianism is problematic and ill-defined. Equally, implementation of the laws has gone considerably beyond the limits to freedom of expression envisaged in article 20, paragraph 2, of the International Covenant on Civil and Political Rights and article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination. These laws must be revised as a matter of urgency and safeguards should be implemented to guarantee that they are not used to silence dissent or restrict the legitimate activities of political opposition. Limitations on freedom of expression should be strictly necessary and proportionate to the aims envisaged under the law. Additionally, the legal standard of intentionality must be reflected clearly in the legislation. The independent expert is encouraged that the Government has stated its plan to re-draft the laws to respond to criticisms. 90. While there are important anti-discrimination provisions in the Criminal Code and other legislation, Rwanda should adopt comprehensive anti-discrimination legislation, which should include measures to prohibit discrimination and establish effective civil penalties for discriminatory acts by both State and private actors. The legislation should provide for effective, transparent enforcement mechanisms which can be accessed easily by all. C. Political participation 91. The effective and meaningful participation of all groups in the political arena can be a pivotal element in avoiding violent conflict. In post-conflict and post-genocide societies this can be particularly important, demonstrating that all groups within society, both those who previously held power and those who may have faced exclusion from political structures, are represented and can play a full role in shaping decisions affecting them. Perceptions that political power is dominated by members of one group can lead to tensions and instability. 92. Rwanda must be commended for successes in incorporating women into the political leadership positions at the national and local levels. It is equally important that individuals who may self-identify as belonging to different ethnic backgrounds also feel effectively represented in national and local Government and in senior positions in the civil service. It is important to ensure that the judiciary and the civil service, including the police and military, reflect the full diversity within Rwandan society. The independent expert urges the Government to consider implementation of relevant recommendations of the second session of the Forum on Minority Issues on the thematic subject of minorities and effective political participation (contained in document A/HRC/13/25). D. The situation of the Batwa 93. The Batwa people face discrimination in Rwandan society. They have been forcibly removed from their ancestral forest lands without consent or compensation and deprived of their traditional livelihoods. Many are living in extreme hardship and poverty on the margins of mainstream society. Irreversible damage has been caused to the distinct lifestyles, livelihoods, cultures and traditional practices of communities by their displacement. 21