Human rights and the rule of law in Rwanda : reconstruction of a failed state

[摘要] ENGLISH ABSTRACT:Human rights denials have more characterised Rwandan history than their promotion and protection.When the Rwandan State emerged from Tutsi domination and colonialism, many Rwandans hopedthat the era of liberty had at least dawned. But the reality has been a total disappointment andreplicas of earlier abuses have emerged, despite the ratification by Rwanda of most internationalhuman rights instruments. This dissertation is premised on the assumption that Rwanda has failedas a democratic constitutional State, and the whole socio-economic-political system has gone wrong.Chapter one argues that disequilibrium was built into the Rwandan system before colonisation andevangelisation. There was a 'consensus' that Tutsis were a superior minority race, able to governand dominate, well organised and accepted by their Hutu subjects. The colonists and the CatholicChurch exploited this injustice for their indirect rule. In a world evolving towards the internationalhuman rights system, this had a very precarious foundation in Rwanda. Indeed, poor management ofchanges due to evangelisation, education and market economy led to the denial of human dignity. Itexacerbated division in favour of Hutus rather than reinforcing national unity.Chapter two considers the Hutu regime as a failure of a democratic constitutional State in the postcolonialera, despite the promise to serve the interests of all Rwandans through democracy andrespect for human rights. In a one-party State, a handful of Hutus have monopolised power andresources. The institutional infrastructure for the management of the State and protection of humanrights was set up to safeguard the interests of the ruling group only and oppress the rest of thepopulation. The Hutu government, particularly, took revenge on Tutsis that they killed, forced intoexile and denied access to public affairs. Hutu opponents, real or imaginary, and people from otherregions than that of the President were also denied such access. Separation of powers waspurposely just a theory, whence a non-independent judiciary, interference of the executive in thefunctioning of other branches of government and abuse of legislative power became the reality. Inorder to perpetuate the ruling group's hegemony, civil society was hindered, while states ofemergency were used to deny the right to life, liberty and the security of the person. Many otherrights were also denied regardless of whether the denial was a legacy of the past or just a result ofthe undemocratic nature of the State and the underdevelopment of the country. The Hutu regime'sfailure to promote national unity resulted in a genocide which took the lives of many Tutsis andHutus. Whereas the current Tutsi government presented itself as committed to democracy and humanrights, Chapter three argues that it was a mutatis mutandis replica of the Hutu rule. Indeed, the Statesystem and resources have been captured by a group of Tutsis while other Tutsis have been leftwithout hope and Hutus have become second-class citizens, whence justice and national unity are injeopardy. By avoiding to tackle the fundamental issue of nation-statehood, the United Nations havefailed to maintain peace and security. The failure to condemn Ugandan aggression against Rwanda,the forced repatriation of refugees, and the non-prosecution of Tutsis involved in crimes againsthumanity have proved the demise of international law and the maintenance of the culture of impunityin Rwanda.The author nonetheless argues that respect for human rights and establishment of the rule of law arestill possible through a process of reconciliation and reconstruction.

[发布机构] Stellenbosch University