Remaking Rwanda: State Building and Human Rights after Mass Violence

Justice and Human Rights for All Rwandans

343  Justice and Human Rights for All Rwandans joseph sebarenzi Introduction Alison Des Forges will always be remembered as a friend of Rwanda, who tirelessly worked for justice and human rights for all. I first met her in 1999 when I was Speaker of the Rwandan Parliament, and she made a courtesy call to my office. She expressed appreciation for the steps parliament was taking, including passage of the law establishing the National Commission for Human Rights (NCHR), and for the efforts that we lawmakers were making to build an independent legislature. After Des Forges left my office, I continued thinking how this woman of modest stature yet keen intelligence was then admired in Rwandan political circles. She was often referred to as a brave woman who had assisted Tutsi refugees in Tanzania in the early 1960s, co-chaired the International Commission of Investigation (1993) that “exposed” human rights violations perpetrated by the Habyarimana regime in the early 1990s, and convinced the international community that large-scale massacres of Tutsi in 1994 were crimes of genocide. Des Forges was considered an ally of the new regime. In fact, she was never an ally of any particular group; rather, her only allegiance was to the human rights cause that she cherished. She later wrote about my departure into exile in 2000 as well as the persecution of Rwandans of all backgrounds, including political leaders and human rights activists. Her integrity and activism earned her a great deal of respect among Rwandans of all ethnic backgrounds. 344 J u s t i c e a n d H u m a n R i g h t s f o r A l l R w a n d a n s Owing to the multidisciplinary backgrounds of its contributors, this book fills the gap in the literature on Rwanda’s post-conflict reconstruction, particularly in the areas of politics, local and international justice, and human rights. It presents a comprehensive and in-depth analysis of key policies in post-genocide Rwanda, beyond the achievements (albeit shallow) for which President Paul Kagame and his regime are praised. This scholarly work is timely as its completion coincided with concerns surrounding the August 2010 presidential election, in which Kagame took 93 percent of the vote. Had Des Forges been alive, she would have been part of this edited collection, and her voice would have been illuminating. She would have spoken against the assassinations and arrests of political leaders and journalists, against the grenade attacks that hit the capital Kigali, and about the divisions within the RPF’s core base. In this chapter, I discuss how the ruling Rwandan Patriotic Front (RPF) thwarted our efforts to build the rule of law in the late 1990s and the continuing grave consequences—as manifested in the August 2010 presidential elections. Building the Rule of Law One of the most difficult decisions I took during my tenure as Speaker of the Rwandan Parliament had to do with the law giving parliament oversight of the executive branch. Parliament had adopted the bill, and the Supreme Court had approved it, but then-president Pasteur Bizimungu insisted this law was not needed. From behind the scenes, then–vice president Kagame and the RPF’s leadership opposed the bill, even though RPF representatives in parliament had supported it. This bill provided the cornerstone of good government. Without parliamentary oversight, the executive branch essentially had free rein. If parliament—the representatives of the people—had the power to summon ministers (including the prime minister) and censure them if they failed to demonstrate good governance, the executive branch would have no choice but to strive for efficiency and honesty in running the country. I remember begging the president to sign the oversight bill into law: “I worry that, without it, the country could easily plunge into chaos again.” I told him that one reason genocide had occurred was because there were no checks and balances among the branches of government. This law would ensure that ministers would be held accountable. It would show the people that no one is above the law and would foster respect for the government. I continued, “Because this regime is new, we can stop corruption before it J o s e p h S e b a r e n z i 345 worsens—before we get to the point...