Policy proposal to improve government in Rwanda tribune ICC and the United Nations Essay Example

with an appropriate mode of administration. The army of Rwanda is known as the Rwanda defence forces which consist of highly equipped tanks, armored cars and a large army which consists of all the three tribes. The government of Rwanda and the way the country is being run became a concern to the United Nations and the tribune of ICCLefever (1965)he question that remains in many people`s minds is the question of whether the two bodies are being effective enough in solving the issues facing Rwanda. In the year 1994, Rwanda faced one of the worst internal conflicts that can ever affect a country. Two of the country’s biggest ethnic groups, the Hutu who approximate to 85% of the population and the Tutsi who range 14% of the total population of the country ran into a dispute that where the Hutu who were in the political class started a blame game on the Tutsi minority people. The Hutu claimed that the Tutsi were responsible for the social, economic and political pressure which had hit the country hardMarysse (1982)The Tutsi were also facing allegations that they were supporting a rebel group which was based on the Tutsi ethnic community.

Habyarimama, who was the president of Rwanda, through propaganda got insight and was a major factor that led to a division between the Hutu and the Tutsi. The great genocide of Rwanda started when the president Habyarimama, a Hutu, plane was shot down. Violence arose in this country following the death of the president. What the Hutu extremists planned was to kill those leaders who they knew would try to convince the citizens to end the war. The

war brought too much mystery to the Tutsi ethnic group as their women were raped and people killed at borders trying to flee for their own lives. This war claimed over eight hundred thousand lives which was a big percentage towards the whole population of Rwanda.

During the occurrence of these activities in Rwanda, big organizations and policymakers based in united states, France, Belgium and the united nations were well informed and aware from the start the problems facing Rwanda but little did they pay concern to the issue and did not take the required steps to prevent it. International leaders by this time failed to acknowledge the genocide claiming that the government had played a role to the killings that were taking placeMarysse (1982)The United Nations started taking active participation in the activities happening in Rwanda in 1993. This was after both Uganda and Rwanda made a request for deployment of military observers on the border. The United Nations organization has for a long time been engaging itself in the activities of Rwanda but critics have risen that United Nations has failed the people of Rwanda on how it once ignored the genocide killings which was the time when they needed it most. The international criminal court which is a court formed by the united nations organization was set to deal with cases or pass ruling on behalf of its member states.

International criminal court has been playing a critical role in bringing those people especially leaders who were responsible for the genocide to justice. President Kagame has highly criticized the international criminal court and referred to it as a fraudulent institution which is made for

Africans and other poor countries who were less informed and blinded when they decided to sign the Rome statute. What Kagame meant was that the stand of Rwanda is that yes, it supports the idea of international justice but only when it is done right. Kagame added that the international court needs to be an organization that is free of interference from politics and also upholds the main principle of sovereign equality between all states. Rwanda has considered the international court to have a complete failure in matters of equality in judgement within its member states. The relationship between the ICC and Rwanda has been poor because according to many people, Rwanda has refused to sign the Rome statute so that its political leaders and military commanders cannot be held responsible for involving themselves and supporting some rebel groups which are located at the neighboring Democratic Republic of Congo.

Despite Kagame pointing fingers at the failures of the international criminal court, he has received quite a lot of objection from other leaders who argue that joining the ICC is at free will and there were good terms of agreement all the way from its formation in 1993Lefever (1965) The united nation`s aim to improve the government and ruling system of Rwanda was to first bring the law breakers to justice. This is only successful if it subjects those of the political class to sentences which fit their crimes. Another thing that United Nations must do is act in a way that convinces the state which will in turn base its trust and confidence in its activities. It is now over fifty years since the United Nations

initially realized the need to create the international criminal court of law, to accuse crimes such killings. In the purpose 260 of December9 260 the 1948, the universal assembly, “realizing in all the times of past genocide has inflicted a great losson humanity; it was convinced that, for it liberate the peoplemay containjurisdiction (Murphy 2004).

In the same resolution, in the general from such an odius scourge, international cooperation is needed,”embraced the treaty on the prevention and punishment of the criminality of genocide. In the article 1 of the convention it describes genocide under the crime under universal lawand in article 4 it proposes that somebody charged with genocide should be tried by a contempted tribunal of the state in the territory of which the act was tried or by international penal tribunal as may have juridiscation. In same resolution, the general assembly wanted the International Law Commission to study the desire and probability of starting the international legal organ for the test of persons accused with genocide. Following the the establishment conclusion by the commission of the international court try people charged with genocide or other crimes of the same gravity was both a desire and possible, the general assembly established a committee to organize for the proposals related to the establishment of such court(Murphy 2004). The committee drafted a statute in the year 1951 and revised it in the year 1953.

The assembly however suspendeddeliberation of the draft statute pending the adoption of a definition of aggression. Since then, the question to establish an international court has been considered periodically(Murphy 2004). In 1989 December, in reply to Trinidad and Tobago, the assembly requested international law

court commission to restart the work in the international court with jurisdisction to include drug trafficking. In the case of Rwanda, in the year 1994 as the international community watched over eight hundred thousand Rwandans especially the ethnic of Tutsi which were killed by Hutu soldiersand the government militaries just for a time of hundred days. The massacre began the day when the plane carrying the Rwandan president and the Burundi president as it was preparing to land in Kigali, the capital city of Rwanda(Murphy 2004).

They were coming from a peace talk which its major agenda was to shore up a fragile peace and bring the clash between the large racial Hutu ruled government and the mainly Tutsi rebel militia. The plane crush re-ignited the war. In the times of the cold war, instrumental use to support strategic foreign policy objectives which the provoked little controversy if it supported allies whose behavior affronted morally (Barnett 2003). However, today the ethical concerns the roots that lie in the primarily western ideas of justice and liberty get a sturdier expression in the public opinion and public society. United Nations launched its mission for the peacekeeping for Rwanda in the year 1993 october to investigate a stop fire settlementconcerning the Rwandan Hutu government and their protestors Rwandese loyal front.

It was therefore not legalized to use military force in the mission to achieve the goals. It was narrowed to scrutinizing breaches in the stop fire, assisting people aid deliveries and contributing to the security Kigali the capital city (Barnett 2003). The mission was insufficient after the launch of an estimated eight hundred thousand minority Tutsi and temperate Hutus ensuing

the downing of a Rwandan presidents airplane and the shooting in the year 1994 April6. The report questioned the United Nations in some key areasprominent to up to date as well as the failure to deed on the famous chain sent by a force commandant, Canadian Lt. Gen.

Romeo Dallier on 11 Jan 1994 warning of the risky genocide. The cable was recived by Kofi Annan though it was not shared with the Security Council and did not take the follow up such asignificant piece of signwarranted, the report to be said. The United Nations and Security Councilessentiallybanneda ground breaking assessment by the Rwandan UN human rights investigator who elevated the probability in 1993 august that the genocide was to occur. But the report points most of its criticism at how the United Nations and in specific its security council members on how they reacted to the killings once they started (Barnett 2003). There was a small political will within the council, specifically from the United States, to authorize a robust peacekeeping force in which the months after the failure of the Somalia mission where by eighteen Americans lost their lives.

After rampaging murderershad massed with hopes for security was cited by a report in Rwanda who killed ten Belgian peacemakers at the start of the genocide, there were little will to keep the peacekeepers in place, much less strengthens their mandate. Their departure from the school were thousands of civilians had massed with hopes for protection was cited by the report as one of the main reasons for the enduring bitterness Rwandans feel towards the United Nations due to the ensuing massacre. The manner in which

the troops left, including the attempts to pretend to the allies that they were not in fact leaving to go was disgraceful as it was reported (Barnett 2003). Their alleged was that civilians were helping the rebels and used this to justify the mass targeting of innocent people.

A small peacekeeping group which were sent by the United Nations to monitor the peace concord was not authorized to intervene. A warning send that a genocide was planned to happen was not acted upon. The effects of genocide in Rwanda are still felt in man about the UN role they played in the massacre and to get to know from theirmistakes different ways both inside the state and in neighboring countries including the eastern regions of the Democratic Republic of the Congo where a wide region of south kivu province are still controlled by Hutu militia from Rwanda and their local allied. Besides the other fighters in Congo war, they still commit serious human rights violations, including abductions, killings and sexual assault. Sexual violence especially against women and children is still widespread.

Annan gave a statement whereby in it he acknowledged the systematic failure of the UN where he expressed his deep remorse on behalf of the organization. He was the head of UN, he commissioned the report to find out the truth about the UN role in the massacre and to learn from the mistake. However the UNs policies lead to more people been killed and so it helped the Rwandans in no way. The police was needed by no Rwandese since it failed them in every way they did in attempt to improve the government.

Thus this

policy can change just immediately there is found a change in Rwandan government. The Rwandan government has pursed its policy objective through the United Nations Organization and/or any of its agencies The National Unity and Reconciliation Commission (NURC) has developed a number of tools when striving to achieve its main goals: 1. Peace-building and Reconciliation Programme: the objective of this programme is to gather the population of Rwanda to debate topic’s related to national politics. The aim is to confront the deeply held perceptions regarding the past, present and future and to combat sectarianism and to instead promote respect for human rights. The diversity of approaches are: seminars, conferences, debates that are broadcasted on the radio and on the television, and regular meetings that allow for a populist approach to these themes which takes into account the opinion surveys taken by NURC in all 106 districts of the country.

2. Support for community based initiatives: The NURC encourages the participation of the community in the fight against poverty. The commission provides financial support to more than 60 non-profit organizations that work on community development and whose members include survivors, perpetrators and people whose family members are imprisoned.. 3. National Summit: it is the star project led by the president of the NURC and brings together the people of Rwanda as well as important persons from the international community. It is a public forum that informs entire citizens of the progress and achievements of the NURC.

It is also meant to collect suggestions and recommendations from the population about how to better serve the goal of reconciliation. 4. Community Festival: the commission supports annual community festivals that play

an important role in the reconciliation process including cultural activities such as theatre, music, dance, and art as tools of social transformation and to strengthen unity. The festivals help to pass the message of peace, tolerance, unity and social justice that the commission aims to promote. The Rwandan government has being successful in reaching its policy goals through the following:

A. Economic development

i.

Achieving poverty reduction and economic growth: EDPR September 2007 saw the Government of Rwanda launch the Economic Development and Poverty Reduction Strategy (EDPRS), which is a mid-term framework building upon the development aspirations of vision 2020 and the Millennium Development Goals (MDGs). Working towards the country’s long-term goals EDPRS builds upon strong achievements in human capital and has identified three programmes:Sustainable growth for jobs and exports; Vision 2020 Umurenge; Governance. ii. Infrastructure With Rwanda experiencing unprecedented levels of growth, infrastructural expansion and improvement is pivotal to sustainable economic development. The Government of Rwanda is committed to rebuilding, expanding and improving the infrastructure of the country in order to facilitate growth and the commitment is evidenced by the allocation of 24 per cent of the total national budget to infrastructure in 2009. The challenging infrastructure inherited in 2003 has added directly to the high costs of doing business in Rwanda, which is one of the reasons it has been made such a priority by the government.

The government is on a mission to improve the road system, and since 2003 new roads have been built and others have been reconstructed. For example, the road from Kigali to Bugesera was completed in 2006, which has made a huge difference linking Kigali to the south and

also Burundi. Similarly, the Nyamata-Nemba road and the Kicukiro-Kirundo roads have been completed, amongst others. Rwanda is the only country in the region with highly improved sidewalks, for pedestrians, and tunnels and bridges both in urban and rural areas are well maintained.

B. Governance

i. Good governance-Emphasis has been put on decentralization of administration and involvement of the population in decision-making. The country’s administrative structures were revised to accord a wider mandate to the cell and sector levels. Sectors hold a weekly assembly where people come together to find solutions to problems facing them and also hold their leaders accountable. Districts sign performance contracts with the President every year and this has ensured rapid development in the rural areas.

Poverty alleviation programmes like HIMO (intensive manpower), UMURENGE SACCO (savings and credit cooperatives), UBUDEHE and others have been introduced around the country and are paying big dividends. Today, districts plan their own development projects in conjunction with their stakeholders and there has been a registered increase in national budget allocations and the Common Development Fund (CDF) to districts. ii. Democracy-In Rwanda, leaders are elected at many different levels including local government, referendum, legislative and presidential.

NEC is responsible for running elections for these positions as well as any other elections as may be mandated by the law. The NEC ensures that these elections are free, fair and owned by the people. The National Electoral Commission (NEC) is the autonomous body responsible for preparing and conducting free, fair and transparent elections to promote democracy and good governance in Rwanda. Since its inception in 2000, NEC has established itself as an independent electoral body. The National Electoral Commission (NEC) is

the autonomous body responsible for preparing and conducting free, fair and transparent elections to promote democracy and good governance in Rwanda. Since its inception in 2000, NEC has established itself as an independent electoral body.

The mandate of the NEC includes preparing and organising elections and Publishing the results; collaborating with government institutions such as Parliament, Supreme Court and Ministry of Local Government; and, developing relationship with national and international organisations and foreign missions in Rwanda.

C. Social development

i. Promoting Gender equality The Government of Rwanda, under the leadership of President Paul Kagame, has made women’s empowerment and inclusion a hallmark of recovery and reconstruction. This approach has been globally hailed as novel in both intent and scope. In May 2003, Rwanda adopted one of the world’s most progressive constitutions in terms of its commitment to equal rights for all, gender equality and women’s representation.

The preamble references the 1979 United Nations Convention on the Elimination of All Forms of Discrimination Against Women Title One of the Rwandan constitution establishes the equality of all Rwandans and is to be ensured, in part, by granting women at least 30 per cent of posts in all decision-making bodies. The government has put in place numerous policies to empower women; in addition to policies created to achieve the Millennium Development Goals (MDGs), the President has carved out specific areas he believes will accelerate development and increase the participation of women in all walks of Rwandan life. These areas include: (a) Implementation of a Family Policy, with greater emphasis on Children’s rights (b) Support programmes which seek to eradicate the Feminization of poverty, like the women guarantee fund, credit funds

at district level (c) Repeal laws which are not gender sensitive (d) Increase opportunities for women to take up decision-making positions in both the public and the private sector (e) Encourage women to participate in educational programmes at all levels; women in Parliament Rwanda on top of the world ii. Putting in place a well established justice system The Government has invested heavily in creating a country governed by the rule of law and respect for human rights to steer the clear of Rwanda’s troubled past which was characterised by dictatorship, nepotism, segregation based on ethnicity and regionalism, corruption and injustice as well as a culture of impunity which culminated into the 1994 genocide of the Tutsi. The Government decided to entrench a decentralized system of rendering reconciliatory and participatory justice and at the same time review and modernize it to create a system capable of fighting injustice and corruption, genocide and abuse of human rights. An effective judicial system is integral to any democratic society, and because of the devastation suffered during the 1994 genocide against the Tutsi, the people of Rwanda have a more acute need than most to see a strong, effective and transparent judiciary guiding their country.

A solid judiciary allows justice to be done quickly and fairly with equal rights for both the accused and the victim. Justice must also be seen to be done in an open, transparent way that is easily accessible to all citizens. Like many aspects of Rwandan governance after 1994, the effectiveness of the judiciary was left wanting. The prisons were overflowing with hundreds of thousands of inmates (largely genocide suspects) and it was estimated that

to clear the backlog of cases would take between 200 and 300 years. The judicial system simply didn’t have the capacity, resources or staff to cope with the situation. Both the system and the Rwandan people were transformed in 2003 with a wave of judicial reforms.

With the help of these reforms and the re introduction of traditional forms of justice, such as the Gacaca Courts and Abunzi forums, the Rwanda of 2010 now has a modern, functioning, independent judicial system, where cases are judged speedily and fairly, and corruption has largely been eradicated. The abolition of the death penalty in 2007 has further helped modernise the judicial system. iii. Fighting against genocide The 1994 genocide against the Tutsi claimed the lives of over one million. One hundred days changed the path of Rwanda indescribably. The population was left decimated and the infrastructure of the country was left in ruins.

For the first decade following the genocide, the new leaders had to not only protect the country from resurgences of violence, but completely rebuild it. Once security was assured, and basic infrastructure put in place, it became possible to focus on dealing with the grave consequences of genocide, preventing the spread of genocide ideology and working towards reconciliation. It is important to preserve the memory of genocide, and to educate people so they understand the impact of its tragic effects. A community that is united and guided by mutual understanding of the past is then able to work together for the prosperity of their country. iv.

Free basic education President Paul Kagame sees a free education for all as the single most important elements in reducing poverty in

Rwanda and elevating the country’s economic and social status. Long gone are the days when education was something only the elite could access in Rwanda, where illiteracy rates stood at 50 per cent and there was only one university in the country. Rwanda is now leading the way on education reforms in Africa, offering nine years of free schooling, training teachers in greater numbers and to a higher level than ever before, while also building up partnerships with prestigious institutions around the world. In signing up to the Millennium Development Goals (MDG), the Government of Rwanda committed to creating ‘Universal Education for All’ and Pillar One of Rwanda’s Vision 2020 document emphasises the importance of quality education. All aspects of Government have put a renewed focus on education since 2003, when the Ministry of Education devised a national curriculum policy for primary and secondary education, to be implemented in a six-year plan, and stated that primary education should be free and mandatory for all children. v.

Quality health care for all In 1994, Rwanda’s health sector was on its knees. It was completely dysfunctional: no hospitals, no clinics, no doctors, and no nurses; diseases like HIV/AIDS and malaria were rife and infant and maternal mortality rates were high. Moreover, the nation was left with a legacy of mental health problems caused by the unspeakable acts that occurred during the genocide against the Tutsi. Sixteen years later, Rwanda’s health sector is efficient and effective and is a shining example of healthcare services in Africa with tremendous achievement in the health of the nation’s approximately 11 million people. Vision 2020 clearly outlines the government’s aims for the health

sector, to increase life expectancy, to reduce the infant mortality rates and to reduce the maternal mortality rate, to control potential epidemic diseases and reduce AIDS prevalence.

With more than 90% of the rural population now subscribed to Mutuelle, the mutual healthcare insurance, almost everyone can afford healthcare.

References

1. Lefever, E. W. (1965). Crisis in the Congo: a United Nations force in action. Brookings Institution.
2. Marysse, S. (1982). Basic Needs Income Distribution and the Political Economy of Rwanda. Centrum DerdeWereld, Centre for Development
3. Studies, University Faculties St. Ignatius, University of Antwerp.
4. Murphy, J. F.

   (2004). The United States and the rule of law in international affairs. Cambridge University Press.Barnett, M. (2003). Eyewitness to a genocide: the United Nations and Rwanda. Cornell University Press