Do laws that make it a crime to deny the existence of genocide help to lessen
the chances of renewed conflict? Or, do they stifle freedom of speech—and
risk eliminating political dissent?
These are the questions currently being debated in Rwanda.
The recent trial of Victoire Ingabire—a staunch government critic—has drawn
attention to a controversial law that criminalizes what it calls "genocide
ideology."
Passed in 2008, the law places hefty fines and prison sentences on a wide range
of alleged transgressions. These span the gamut from incitement of hatred and
the denial of genocide to statements that poke fun at genocidal actions.
Advocates of the law argue that it represents a genuine effort to deal with
the past. They accuse individuals like Ingabire of denying the extent of the
tragedy inflicted upon Rwanda's Tutsi minority. By drawing attention to Hutu
victims, they say Ingabire and others fuel ethnic divisions.
Critics make a different case. They say the law's vague terminology can lead
to censorship, and offers the government too much leeway in selecting potential
transgressors. Rather than redress the past, they say it serves as a legal instrument
for an authoritarian government bent on eliminating opposition.
The Ingabire trial is a case in point. Far from denying genocide, critics say
Ingabire drew attention to the complexity of the genocide, which resulted in
both Tutsi and Hutu victims. By arresting Ingabire, the government was not dealing
with the past—it was eliminating its most credible opponent.
As Ingabire's trial gets underway, what is your take on Rwanda's "ideology
law"? Does it help to stem genocide or is it a veiled attempt to eliminate
opposition?
How do you distinguish between laws that deal with the past and laws that subvert
a democratic future?
By Marlene
Spoerri
For more information see
Josh Kron, "Rwanda
Lays Out Charges Against Ex-Presidential Hopeful" The New York Times,
September 9, 2011.
"Law and Reality: Progress in Judicial Reform in Rwanda", Human
Rights Watch, July 24, 2008.
"Rwanda
(2011)," Freedom House.
Photo Credits in order of Appearance:
MSGT
Rose Reynolds
Kigali
Wire
Graham
Holliday
Alberto…
Julien
Harneis
Commonwealth
Secretariat
Amnesty
International
Penn
State
Graham
Holliday
hoteldephil
Graham
Holliday
d_proffer
