XIV. VIOLATIONS OF HUMAN RIGHTSThe Rwandan National Habitat Policy violates provisions of international human rights law on several counts. The Universal Declaration of Human Rights is directly incorporated into article 17 of protocol VII of the Arusha Accords, now part of the fundamental law of Rwanda. Rwanda has also ratified the International Covenant of Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the African Charter of Human and Peoples' Rights.14
The ICCPR at article 12 declares that everyone shall have "the right to liberty of movement and freedom to choose his residence."15 Commentators widely agree that incorporated in the freedom of residence is the right not to be moved.16 As noted at article 12 (3), restrictions on the freedoms of movement and residence are permitted only when provided by law and for reasons of "national security, public order (ordre public), public health or morals, or the rights and freedoms of others." Such restrictions must also be consistent with other rights recognized by the ICCPR. Article 12(4) specifies that movement and residence may also be restricted during an officially proclaimed public emergency.
Rwandan authorities and others have sometimes asserted that the Arusha Accords provide a legal basis for the establishment of imidugudu.22 At a meeting with international agencies in January 1997, Minister of Rehabilitation and Social Integration PatrickMazimhaka reportedly maintained that plans for the imidugudu "are an outcome" of the Arusha Accords.23 A working paper on resettlement prepared in January 2000 stated that "The current policy on resettlement in rural areas is based on the Arusha agreement."24
The ICESCR provides at article 11 (1) for "the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing." The problem of forced evictions figures prominently in international debate on adequate housing. In 1991 the U.N. Committee on Economic, Social, and Cultural Rights stated that "forced evictions are prima facie incompatible with the requirements of theCovenant."27 Likewise the U.N. Commission on Human Rights in 1993 concluded that "forced evictions are a gross violation of human rights."28
Right to Secure Enjoyment of One's Home Article 17 of the ICCPR provides protection against "arbitrary or unlawful interference" with a person's "privacy, family, home or correspondence." In addition to abstaining from interfering with this right, parties to the covenant assume the responsibility to actively protect it.36 According to international legal commentators, "home" here means not just a dwelling but any residential property, regardless of legal title or nature of use. Any activity that deprives one of his or her home represents interference which must be decided by the authority designated under law and on a case-by-case basis.37
Right to Freedom of Opinion and of Expression The ICCPR, at article 19, guarantees the right to hold opinions without interference and to express them freely. Although some newspapers published criticism of abuses related to imidugudu without suffering any ill consequence, local people who spoke out against the habitat policy or the appropriation of their lands were in several cases imprisoned, fined, or otherwise punished for holding these views and for expressing them. The right to property, recognized by article17 of the Universal Declaration of Human Rights, is also guaranteed by the Rwandan constitution. According to Rwandan law, this right may be limited only in cases of public utility, as provided by law. Any expropriation must be preceded by prior and fair compensation.39
The ICCPR at article 2 (3a) guarantees the right to "an effective remedy" for those whose rights are violated. Rwandans whose rights to choice of residence, to adequate housing, to undisturbed enjoyment of their homes, to freedom of expression, and to security of property have been violated do not ordinarily and regularly have access to an effective remedy. Some have successfully pleaded their cases, often through the use of personal or political ties, but the opportunity of the few to obtain satisfaction through such irregular means does not meet the standard of effective remedy required by this article of the ICCPR. 14 Schabas and Imbleau, Introduction to Rwandan Law, pp. 161-70.15 The African Charter at article 12(1) also recognizes this right. 16 See Patrick McFadden, "The Right to Stay," Vanderbilt Journal of Transnational Law, vol. 29, p. 36 (1966). 17 United Nations, Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, "Freedom of Movement and Population Transfer," E/CN.4/SUB.2/RES/1997/29. See also United Nations, Economic and Social Council, Commission on Human Rights, "Further Promotion and Encouragement of Human Rights and Fundamental Freedoms Including the Question of the Programme and Methods of Work of the Commission, Questions of Human Rights, Mass Exoduses and Displaced Persons, Report of the Representative of the Secretary-General, Mr. Francis Deng, Addendum, Compilation and Analysis of Legal Norms, Part II: Legal Aspects Relating to the Protection Against Arbitrary Displacement, E/CN.4/1998/53/Add.1, Section II, A, paragraph 4. Hereafter cited as "Report of Mr. Francis Deng. . .Part II." 18 United Nations, Economic and Social Council, Sub-Commission on Prevention of Discrimination and Protection of Minorities, Forced Evictions, E/CN.4/SUB.2/RES/1997/6. 19 "Report of Mr. Francis Deng. . .Part II," paragraph 3. 20 ICCPR, Article 12 (3). 21 Schabas and Imbleau, Introduction to Rwandan Law, p. 15. 22 Republique Rwandaise, Ministère des Terres, de la Réinstallation, et de la Protection de l'Environment, "Habitat en Milieu Rural," article 2, La Politique de l'Habitat en Milieu Rural, June 1999; Anonymous, "Imidugudu, Assessment of Housing and Land Reform Plans in Rwanda," May 1997, draft working document and appended texts, p. 14 ; Nkusi, "Problématique du Régime foncier," p.26. 23 Notes of the meeting provided by a diplomat in Kigali. 24 CCA Working Paper No. 3, p. 3. 25 Protocole d'Accord, article 28. 26 See, for example, Government of Rwanda, Reply to Human Rights Watch Report, "Rwanda: The Search for Security and Human Rights Abuses," May 2000, posted on the Rwandan government website. 27 United Nations, Committee on Economic, Social and Cultural Rights, General Comment No. 4 (1991) of the Committee on Economic, Social and Cultural Rights on the right to adequate housing (art. 11 (1) of the Covenant), December 12, 1991, paragraph 18. See generally U.N. Commission on Human Rights, Fact Sheet no. 25, Forced Evictions and Human Rights, 1996. 28 U.N. Commission on Human Rights, Resolution 1993/77, paragraph 1. 29 U.N. Committee on Economic, Social, and Cultural Rights, Right to Adequate Housing (Art. 11.1), forced evictions, General Comment no. 7, 1997, paragraph 3. 30 Ibid., paragraph 8. 31 Ibid., paragraph 9. 32 Ibid., paragraph 15. 33 The Guiding Principles on Internal Displacement, section 2, principle 6(c). 34 Ibid., principle 7. 35 Ibid., principle 9. 36 "Everyone has the right to the protection of the law against such interference. . . .", ICCPR, article 17 (2). 37 "Report of Mr. Francis Deng. . .Part II," Section II, B, paragraphs 1 and 2. 38 Schabas and Imbleau, pp. 178-9. 39 Decree law no. 21/79 of July 23, 1979. Schabas and Imbleau, p. 179. 40 "Report of Mr. Francis Deng. . .Part II," section 3, paragraph 4. |