A/HRC/19/56/Add.1
V. Protection of the rights to non-discrimination and equality
A.
Legal framework and institutions
39.
Rwanda is a party to the Convention on the Elimination of All Forms of Racial
Discrimination and other core human rights treaties mandating non-discrimination. Under
article 1 of the 2003 Constitution, “all Rwandans are born and remain free and equal in
rights and duties. Discrimination of whatever kind based on, inter alia, ethnic origin, tribe,
clan, colour, sex, region, social origin, religion or faith, opinion, economic status, culture,
language, social status, physical or mental disability or any other form of discrimination is
prohibited and punishable by law.”
40.
The Criminal Code establishes penalties for hate speech, discriminatory acts of
public officials, discrimination in the supply of public goods and services, employment
discrimination, and physical attacks. There are also anti-discrimination provisions in the
Labour Code, the General Statute of Public Service, Organic Law No. 20/2003 concerning
Education in Rwanda and legislation relating to the justice sector, including the police.
Furthermore, according to the Government, Law No. 47/2001 on Prevention, Suppression
and Punishment of the Crime of Discrimination and Sectarianism has been instrumental in
the fight against discrimination in post-genocide Rwanda. Thereunder, discrimination is
defined as any speech, writing, or actions based on ethnicity, region or country of origin,
the colour of the skin, physical features, sex, language, religion or ideas aimed at depriving
a person or group of persons of their rights as provided by Rwandan law and the
international conventions to which Rwanda is party.
41.
The National Human Rights Commission was established under the constitution
with a mandate to, inter alia, examine human rights violations committed by any person on
Rwandan territory, with special emphasis on violations by Government bodies and agents.
The Commission is required to raise awareness of human rights among the Rwandan
population and organize relevant training programmes, prepare and disseminate annual and
human rights reports and initiate legal proceedings against anyone who commits human
rights violations. The Commission reports are transmitted to the parliament and other State
bodies and are available to the public.
42.
The Office of the Ombudsman23 has a mandate to fight against injustices and
corruption, which includes obligations under the International Convention on the
Elimination of All Forms of Racial Discrimination. It receives from individuals or
independent associations complaints made against public officials or organs and private
institutions. It can request explanations, carry out investigations, review laws and submit
cases to concerned institutions for settlement. The Government notes that the Commission
and the Ombudsman‟s office play important roles in the country‟s non-discrimination
policy. Other important steps also have been taken by the Government to decrease the
salience of ethnic categories, such as eliminating the requirement to state ethnicity on
identity cards.
43.
However, the Government‟s policy of non-recognition of ethnic groups restricts
opportunities for individuals and communities to formally lodge complaints regarding
discrimination and to pursue such complaints. The Committee on the Elimination of Racial
Discrimination expressed its concern regarding the lack information on complaints,
prosecutions, sanctions and reparations relating to instances of racial discrimination apart
from those linked to the 1994 genocide (CERD/C/RWA/CO/13-17, para. 19).
23
12
Established by the 2003 Constitution in its article 182 and by law No. 25/2003 of 15th August 2003.