Human Rights Committee
Concluding observations on the fourth periodic report of Rwanda *
1.The Committee considered the fourth periodic report of Rwanda (CCPR/C/RWA/4) at its 3250th and 3251th meetings (CCPR/C/SR.3250 and 3251), held on 17 and 18 March 2016. At its 3260th meeting, held on 24 March 2016, it adopted the present concluding observations.
A.Introduction
2.The Committee welcomes the submission of the fourth periodic report of Rwanda, albeit somewhat late, and the information presented therein. It expresses appreciation for the opportunity to renew its constructive dialogue with the State party’s high-level delegation on the measures taken during the reporting period to implement the provisions of the Covenant. The Committee is grateful to the State party for its written replies (CCPR/C/RWA/Q/4/Add.1) to the list of issues (CCPR/C/RWA/Q/4), which were supplemented by the oral responses provided by the delegation, and for the supplementary information provided to it in writing.
B.Positive aspects
3.The Committee welcomes the following legislative and institutional measures taken by the State party:
(a)The adoption of Law No. 54/2011 relating to the rights and protection of the child, on 14 December 2011;
(b)The adoption of Law No. 4/2013 on access to information, on 8 February 2013;
(c)The establishment, since July 2009, of Isange one-stop centres for victims of gender-based violence and the adoption of a national policy to fight gender-based violence, in July 2011;
(d)The adoption of the Legal Aid Policy and the Justice for Children Policy, in October 2014, and the placement of access to justice officers in all the districts of the State party.
4.The Committee welcomes the accession by the State party to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, on 30 June 2015.
C.Principal matters of concern and recommendations
Status and applicability of the Covenant
5.The Committee notes with regret that the status of the Covenant in the domestic legal order has changed following the 2015 amendments to the State party’s Constitution, which establishes the supremacy of the Constitution and organic laws over international treaty law. However, it notes the examples provided by the State party of cases in which the provisions of the Covenant have been invoked in national courts and that the State party is considering ratifying the First Optional Protocol to the Covenant (art. 2).
6. Recalling its general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, the Committee reminds the State party of its obligation to ensure that domestic law, in particular organic laws, is consistent with the provisions of the Covenant. The State party should also make vigorous efforts to raise awareness about the Covenant and its direct applicability in domestic law among judges, lawyers and prosecutors. The Committee also recommends that the State party ratify the First Optional Protocol to the Covenant, which establishes an individual complaint mechanism.
Withdrawal of the declaration accepting the competence of the African Court on Human and Peoples’ Rights to receive cases
7.The Committee notes with concern the State party’s withdrawal for review of the declaration recognizing the competence of the African Court on Human and Peoples’ Rights to receive cases from individuals and from non-governmental organizations (NGOs) that have observer status.
8. The Committee invites the State party to consider making the declaration recognizing the competence of the African Court on Human and Peoples’ Rights to receive cases from individuals and NGOs once again, with a view to providing supplementary protection for the rights enshrined in the Covenant at the regional level.
National human rights institution
9.While noting that the new Law No. 19/2013 on the National Commission for Human Rights reaffirms the independence and financial autonomy of the Commission, the Committee remains concerned that members are selected by a committee appointed by the President, which could compromise their independence. The Committee is also concerned about information that the Commission is not perceived as an independent body (art. 2).
10. The State party should ensure that the process to select and appoint the members of theNational Commission for Human Rights enjoys full transparency and independence, in line with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). The Commission should also fully comply with its mandate and enhance its role in the protection of human rights.
Non-discrimination and equality between men and women
11.The Committee welcomes the fact that the new Family Code, which will remove the remaining legal provisions that discrimin