Rwanda at the 37th UPR session: leaps, hurdles and opportunities
On 25 January 2021, during the 37th session of the United Nations Human Rights Council (the HRC) held virtually, Rwanda’s human rights record was reviewed for the 3rd time under the Universal Periodic Review (UPR) mechanism. Rwanda received 284 recommendations from 99 UN Member States who participated in the review. 30 recommendations were on freedom of expression, access to information and media freedoms in general compared to 21 recommendations during the previous review in 2015.
Understanding the UPR
The UPR is a voluntary mechanism established by the HRC where UN Member States review the human rights records of a State every 4–5 years. So far, Rwanda, as a State under review (SuR) has been reviewed three times — January 2011, November 2015 and now January 2021. The review was made based on three major reports, the national report submitted by the SuR, the summary of stakeholders’ reports from civil society organisations and the National Commission for Human Rights as well as the information from UN Agencies, observations from UN Treaty body mechanisms and other special procedures.
The UPR Cycle
Pre-session lobbying and advocacy
The Center for Rule of Law Rwanda (CERULAR), in partnership with Small Media worked tirelessly to ensure that a number of recommendations on freedom of expression were made and accepted. For example, an online event was organized on 21 January 2021 where four recommendations on freedom of expression online were presented to a diverse group of about 30 stakeholders including government representatives from regulatory bodies like the Rwanda Governance Board, diplomats from local embassies, the Rwanda Media Commission, journalists and representatives of mainstream human rights organizations.
The participants called for accountability on violations of media freedoms, reforms of laws and practices that inhibit expression and capacity building for media practitioners to enhance their professional competence. On the same day of the review, CERULAR issued a press release calling upon the Government of Rwanda to accept more recommendations including those on freedom of expression.
Specific recommendations on freedom of expression
During the review, the progress made in reforming media laws and the amendment of the Penal Code in 2018 to decriminalize all press offences including defamation of the President were commended. 30 countries made statements calling for improved respect, promotion and fulfillment of the right to freedom, media freedoms in general and the right to access to information.
For example, the United Kingdom recommended that Rwanda should “protect and enable journalists to work freely, without fear of retribution, and ensure that state authorities comply with the Access to Information law.”
Likewise, Sudan recommended that Rwanda should “continue efforts to guarantee the right of freedom of opinion and expression including by allowing a greater access to the independent news outlets.”
The Republic of South Korea also recommended that the Government of Rwanda should “continue implementing reforms aimed at expanding media freedoms and creating a citizen-centred media to ensure all individuals fully enjoy the right to freedom of expression.”
With respect to law reform on media freedoms, Lithuania recommended that the government should “eliminate from legislation all provisions that undermine freedom of expression and protection of journalists against harassment and intimidation” while Barbados equally recommended that “strengthen measures to encourage the exercise of an independent media and enhance the enjoyment by all persons of the freedom of opinion and expression, collectively and as individuals.”
In his remarks, Justice Hon. Johnston Busingye, Rwanda’s Minister of Justice and Attorney General and head of the Rwandan delegation at the 3rd periodic review working group rejected claims of freedom of expression being threatened, and denied allegations that journalists have been detained due to their profession, saying those detained were on “justifiable grounds provided under the law.” Nevertheless, he acknowledged that the Rwandan government is duty bound to respect and protect constitutional rights like freedom of expression, and that the institutions involved are forthcoming and open to engagement with stakeholders. In his final remarks following the adoption of the review report by the Working Group, the Honorable Minister said, “I wish to reiterate the commitment of the government of Rwanda to the implementation of the recommendations that we supported, they will be a key component of my government’s human rights agenda for the next five years.”
In response to the overwhelming recommendations on freedom of expression by member states, CERULAR’s Executive Director, John Mudakikwa said: “We appreciate the increasing interest and participation of CSOs, both national and international, during Rwanda’s 3rd Universal Periodic Review. Without a doubt, it positively influenced the number and quality of recommendations made to and accepted by Rwanda especially in relation to freedom of expression, media freedoms, as well as access to information. We also equally appreciate the openness expressed by the Government of Rwanda to continue engaging with all stakeholders, in particular CSOs, to ensure that the UPR mechanism truly contributes towards the enjoyment of human rights by everyone in Rwanda.”
Adoption of the recommendations
On 29 January 2021, the draft report of the Working Group was adopted. According to the report, of the 284 recommendations, 160 recommendations were accepted of which 14 recommendations relate to freedom of expression, media freedoms in general and access to information. 49 recommendations including four on freedom of expression will be examined by Rwanda and responses will be provided in due time, but no later than the 47th Session of the HRC. In addition, 75 recommendations including 14 on freedom of expression were noted.
In comparison, the 2015 UPR recommendations on freedom of expression increased from 21 in 2015 to 30 in 2021. Those accepted increased from 2 in 2015 to 14 in 2021 while those to be reviewed or considered under implementation reduced from 6 to 4 and those noted reduced from 13 in 2015 to 12 in 2021.
Way forward
After the adoption of the recommendations, the cycle begins again with implementation, mid-term and final review scheduled to take place in the next 4–5 years. CERULAR in partnership with Small Media will continue to engage with the UPR process. Partnering with more stakeholders including government agencies, media practitioners, civil society actors, and others, we plan to make interventions in the areas of legal and policy reforms aimed at improving the legal and policy environment to protect and guarantee freedom of expression, media freedoms and access to information in line with international standards and norms.
We also intend to conduct targeted capacity building for the media and CSOs practitioners and government agencies in charge of media regulation and oversight. We will continue to monitor progress, identify gaps and monitor s emerging trends or issues in line with freedom of expression. In the end, we hope to submit the mid-term and the alternative report to the HRC highlighting progress made and existing gaps in relation to the freedom of expression, media freedoms in general and access to information.
David Nshuti is a Program Officer at CERULAR. He can be reached at: D.Nshuti@cerular.org.
