NGO Law Monitor: Rwanda

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Last updated 11 April 2012

Introduction

Like many countries, Rwanda is characterized by extreme poverty and weak institutions, but its social history is tragically unique. In 1994, Rwanda underwent a devastating genocide that left 800,000 people dead. In the aftermath of the genocide, civil society organizations (CSOs) emerged to help in addressing social needs, including assistance to widows and orphans, child-headed households, and traumatized survivors. Not surprisingly, the people of Rwanda continue to suffer from high levels of collective trauma and struggle with the social consequences of the genocide.

Today, Rwanda has benefited from tremendous economic growth, implementing major infrastructure development projects. However, civil society in Rwanda remains in an embryonic state, due to a variety of practical constraints. The overwhelming majority of Rwandans suffer from extreme poverty; about two-thirds of the population lives on less than $1 per day. This level of poverty limits engagement in activities not directly related to survival. The lack of education limits the ability of people to access various sources of information and limits their capacity to interact with formal institutions of the state. Grassroots associations are focused on issues of livelihood, with little capacity to engage on public policy issues in a more strategic way. This in turn has made it difficult for urban-based, advocacy CSOs to make connections to the grassroots.

The legal framework for civil society in Rwanda is currently in transition. The current governing law for CSOs is Law N° 20/2000 of 26/07/2000 Relating to Non-profit Making Organizations (NPOs) (O.G. n° 7 of 01/04/2001). In 2008, however, the Parliament enacted the newly promulgated Organic Law no. 55/2008 of 10/09/2008 Governing Non-Governmental Organizations (O.G. no. 23 of 01/12/2008). Thus, Law N° 20/2000 of 26/07/2000 relating to NPOs remains operational only insofar as it does not conflict with the Organic Law. More recently, in 2011, the Rwandan Senate passed new laws governing national and international civil society organizations ("CSOs"). The bills have been forwarded to the Chamber of Deputies for submission to President Kagame, and Presidential approval is expected shortly. For more information, please see Pending NGO Legislative / Regulatory Initiatives below.

At a Glance

Organizational Forms	Non-profit making organization (NPO)
Registration Body	Local authority and Ministry of Justice
Approximate Number	An estimated total of 37,000 informal groups, with only about 319 registered NPOs
Barriers to Entry	Domestic NPOs: (1) two-tiered registration process with action plan presented to local authority and application to Ministry of Justice; (2) lengthy registration process, with application to Ministry allowed only 6 months after receipt of provisional permit from local authority; and (3) excessive documentation requirements. Foreign NPOs: Detailed documentation requirements at the time of registration.
Barriers to Activities	Ministry approval required for decisions relating to NPO’s statutes and for NPO’s legal representatives and their assistants. Administrative expenses are limited to 30% of the NPO’s overall budget. NPOs must incorporate governmental priorities into their mission.
Barriers to Speech and/or Advocacy	No legal barriers, assuming compliance with constitutional boundaries.
Barriers to International Contact	No legal barriers
Barriers to Resources	No legal barriers

Key Indicators

Population	10,473,282 (July 2009 est.)
Capital	Kigali
Type of Government	Republic; presidential, multiparty system
Life Expectancy at Birth	50.52 years
Literacy Rate	70.4%
Religious Groups	Roman Catholic 56.5%, Protestant 26%, Adventist 11.1%, Muslim 4.6%, indigenous beliefs 0.1%, none 1.7% (2001)
Ethnic Groups	Hutu (Bantu) 84%, Tutsi (Hamitic) 15%, Twa (Pygmy) 1%
GDP per capita	$900 (2008 est.)

Source: The World Factbook 2009. Washington, DC: Central Intelligence Agency, 2009.

International Rankings

Ranking Body	Rank	Ranking Scale (best – worst possible)
UN Human Development Index	167	1 – 182
World Bank Rule of Law Index	30.5 (2007)	100 – 0
World Bank Voice & Accountability Index	12.0 (2007)	100 – 0
Transparency International	102	1 – 180
Freedom House: Freedom in the World	Status: Not Free Political Rights: 6 Civil Liberties: 5	Free/Partly Free/Not Free 1 – 7 1 – 7
Foreign Policy: Failed States Index	45	177 – 1

Legal Snapshot

International and Regional Human Rights Agreements

Key International Agreements	Ratification*	Year
International Covenant on Civil and Political Rights (ICCPR)	Yes	1975
Optional Protocol to ICCPR (ICCPR-OP1)	No	--
International Covenant on Economic, Social, and Cultural Rights (ICESCR)	Yes	1975
Freedom of Association and Protection of the Right to Organize Convention	Yes	1988
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)	Yes	1975
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)	Yes	1981
Optional Protocol to the Convention on the Elimination of Discrimination Against Women	No	--
Convention on the Rights of the Child (CRC)	Yes	1981
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW)	No	--
Convention on the Rights of Persons with Disabilities (CRPD)	Yes	2008
Regional Treaties
African Charter on Human Rights and People's Rights	Yes	2003

* Category includes ratification, accession, or succession to the treaty

Constitutional Framework

The Constitution of the Republic of Rwanda was adopted by referendum in May 2003.

Relevant constitutional provisions include:

Article 33: Freedom of thought, opinion, conscience, religion, worship and the public manifestation thereof is guaranteed by the State in accordance with conditions determined by law. Propagation of ethnic, regional, or racial discrimination, or any other form of division, is punishable by law.

Article 34: Freedom of the press and freedom of information are recognized by the State. Freedom of speech and freedom of information shall not prejudice public order and good morals, the right of every citizen to honour, good reputation and the privacy of personal and family life. It is also guaranteed so long as it does not prejudice the protection of the youth and minors. The conditions for exercising such freedoms are determined by law. There is hereby established an independent institution known as the “High Council of the Press.” The law shall determine its functions, organization and operation.

Article 35: Freedom of association is guaranteed and shall not require prior authorization. Such freedom shall be exercised under conditions determined by law.

Article 36: Freedom of peaceful assembly without arms is guaranteed if it is not inconsistent with the law. Prior authorization shall only be necessary if the law so requires and solely in the case of assembly in the open air, in a public place or on a public road, to the extent that such is necessary in the interests of public safety, public health or public order.

National Laws and Regulations Affecting Sector

Relevant national-level laws and regulations affecting civil society include:

Law Number 20/2000 of 26/07/2000 Relating to Nonprofit Organizations
Organic Law 55/2008 of 10/09/2008 Governing Non-Governmental Organizations
Draft Law Determining the Organizations and Functioning of National Non-Governmental Organizations
Draft Law Determining the Organization and Functioning of International Non-Governmental Organizations Operating in Rwanda
Draft Law Governing Functioning of Religious Communities and Freedom of Worship in Rwanda

Pending NGO Legislative / Regulatory Initiatives

The Rwandan Senate recently passed new laws governing national and international civil society organizations ("CSOs"). The bills have been forwarded to the Chamber of Deputies for submission to President Kagame, and Presidential approval is expected shortly.

The approval of the bills by both Houses of Parliament has been achieved after a lengthy process of consultation. Participating throughout were numerous Rwandan and international CSOs, local and international experts who provided support during the drafting process and in Parliament, as well as relevant government ministries. From the start, it has been clear that CSOs and the government sought to produce sound reforms, encouraging the means for civil society to provide leadership in the social and economic development of Rwanda.

The final versions of the bills enacted by the Senate have not yet been released, but the National Non-Governmental Organizations Act considered by the Senate included a number of noteworthy provisions, including:

Reasonable registration provisions that make it possible for organizations to obtain legal identity. The power of the registrar to deny registration is restricted, with deadlines for the registrar's action on applications, and with automatic right of appeal from adverse decisions.
Specific authority for CSOs to engage in business operations, if profits are used for the organization's objectives.
Sound CSO governance provisions to strengthen CSO internal operations and legitimacy.
Mediation processes established for resolving CSO internal conflicts.
Affirmative right and administrative vehicles established for CSOs to participate in policy and legislative development.

One major weakness is that all NGOs must be registered, “public benefit” organizations immediately, before operating, and the “mutual benefit” NGOs and foundations have a two-year period in which they must register. This mandatory registration requirement would conflict with the Freedom of Association provision in the Rwandan Constitution, which provides “Freedom of association is guaranteed and shall not require prior authorization.”

The International Non-Governmental Organizations Act considered by the Senate contained many provisions similar to those contained in the "National" act. One change most beneficial to the sector in regulation of international CSOs is the extension of registration from a single year term to five-years. Other provisions had caused concern to the international community, including limits on expenditures for administrative expenses (to be clarified administratively) and taxation of non-Rwandan employees (clarified in the legislation considered by the Senate), may have been resolved satisfactorily for the international organizations and Government.

Like all legislation, neither law is perfect in the eyes of either Government or civil society. Moreover, the impact of the laws on civil society's effective role in Rwanda remains dependant on sound implementation. However, both represent a turn from the recent trend in much of Africa to focus on restrictions on CSOs and their activities. Rwanda appears to have sought instead to take an important step in the direction of legislating to enable civil society to bring together citizens for a stronger voice and fuller participation in the civil life of their nation.

Legal Analysis

Organizational Forms

The current operating law in Rwanda (Law 20/2000 of 26/07/2000) defines a non-profit making organization as “any grouping having legal entity, governed by civil law, constituted by physical or by moral entities which aim at social works and which decide to put in common, and in a permanent way, their knowledge or their activity for a goal other than making profit.” (Article 1)
The Organic Law Governing Non-Governmental Organizations (Law 55/2008 of 10/09/2008), which was recently enacted, defines non-governmental organizations as organizations not established by the Government and which work for the general interest. In order to make the Organic Law operational, three draft laws have been prepared relating to three separate organizational forms:

National NGOs
International NGOs operating in Rwanda; and
Religious communities.

Law No. 20/2000 of 26/07/2000 relating to non-profit making organizations will remain in force as long as it does not contradict the Organic Law and until the specific operational laws relating to the Organic Law enter into force.

Public Benefit Status

Non-profit making organizations – based on the current law in Rwanda – may be established for social works – that is, religious, philanthropic, scientific, cultural and sporting activities. Organizations may, at a subsidiary level, extend their activities to other areas.

There is no specific “public benefit” or “charitable” or “tax-exempt” status for CSOs/NPOs in Rwandan law.

Barriers to Entry

Under current law, the registration process for non-profit making organizations suffers from excessive bureaucratic requirements. Listed here are examples:

The registration process is a two-tiered process. NPOs must first present action plans to the local authority to secure provisional agreement, and then file an application with the Ministry of Justice.
The registration process may take more than one year. First, the law gives the local authority 3 months to review the action plan. Second, application to the Ministry of Justice may only follow 6 months after the date of the provisional permit. Finally, the Ministry has 6 months to review the application and decide on legal entity status.
Required registration documentation requires not only the names of the NPO’s legal representatives, but also a list of duly registered members and a copy of the criminal record of the legal representatives.
Foreign organizations are required to submit a long list of documentation and information, including the implementation schedule and its various stages of planning, detailed costs estimates with data, the contemplated successors for the launched activities, and “all information relating to its geographical establishment throughout the world.”

Barriers to Operational Activity

The Rwandan Government requires that NPOs incorporate formal governmental priorities into their missions, including the Vision 2020 and EDPRS. NPOs must document the use of these roadmaps in their activities.

The law invites the Ministry of Justice to interfere in the internal affairs of the NPO. Article 14 requires that decisions relating to the NPO’s statutes must be approved by the Ministry in order to be effective. Article 20 requires that “legal representatives and their assistants” be approved by the Ministry of Justice.

In addition, the law places limits on administrative expenses, which cannot exceed 30% of the NPO’s total budget.

Barriers to Speech / Advocacy

There are no legal provisions expressly prohibiting speech or advocacy. That said, Article 33 of the Constitution, in establishing freedom of thought and opinion, also emphasizes that “Propagation of ethnic, regional, or racial discrimination, or any other form of division, is punishable by law.” Article 34 places limitations on the freedom of speech: “Freedom of speech and freedom of information shall not prejudice public order and good morals, the right of every citizen to honour, good reputation and the privacy of personal and family life. It is also guaranteed so long as it does not prejudice the protection of the youth and minors. The conditions for exercising such freedoms are determined by law.”

Barriers to International Contact

There are no legal barriers to international communication or contact.

Barriers to Resources

Foreign Funding

There are no legal barriers against foreign funding for CSOs.

Domestic Funding

Currently, CSOs are prohibited from engaging in income generating activities. CSOs are permitted to compete for government funds and in some cases encouraged to do so. While CSOs are exempt from tax on most categories of income, the tax law does not provide incentives to donors for donations to CSOs.

Reports

UN Universal Periodic Review Reports	Not available
Reports of UN Special Rapporteurs	No relevant reports available
USIG (United States International Grantmaking) Country Notes	Not available
U.S. State Department	Advancing Freedom and Democracy Report 2008: Rwanda 2008 Human Rights Report: Rwanda
Failed States Index Reports	Foreign Policy 2008 Failed States Index Fund for Peace Country Report: Rwanda 2008
IMF Country Reports	Uganda and Rwanda: Selected Issues 2009 Rwanda: Poverty Reduction Strategy Paper 2008
Asia Pacific Philanthropy Forum Reports	Not available
NGO Regulation Network Reports	Not available
CIVICUS Civil Society Index (CSI) Country Reports	Not available
International Commission of Jurists	No relevant information available
International Center for Not-for-Profit Law Online Library	No information available

News and Additional Resources

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

General News

Rwanda's political space shrinks as its economy expands (April 2012)
U.S. Ambassador to the United Nations Susan Rice in November 2011 criticized Rwanda's "closed" political culture. Harassment of civil society activists, opposition figures and journalists as well as the disappearance of human rights defenders pose the "next developmental challenge" for the country. This is in contrast to Rwanda's economic development. Last year, Rwanda's GDP grew 8.8 percent, which is Africa's second-quickest expansion after Ghana, IMF data shows. (Read more)

Prime Minister Presents 2011-2017 Government Programs (November 2011)
Prime Minister Pierre Damien Habumuremyi has presented to both chambers of Parliament the government's program for the remaining six years of its mandate. The program is based on the country's masterplan EDPRS (Economic Development and Poverty Reduction Strategy) as well as the RPF manifesto, whose candidate Paul Kagame won the last presidential elections. It rests on four pillars: good governance, justice, economic development and social welfare. (Read more)

Civil Society Happy With Public Servants' Draft Code of Ethics (July 2011)
Civil society organizations (CSOs) have welcomed the yet to be drafted presidential decree on public servants code of ethics saying it has exhibited high level of good governance as it includes the views of the average Rwandan. Jean Dela Providence Harelimana, the chairman of the CSOs in Muhanga District, said that with the civil society contributing its views on the law, it shows the government's willingness to involve them in taking decisions on issues of governance and development. "It's a good idea and we are happy that the government decided to consult us on this issue," he said. (Read more)

Civil Society Blamed for Not Helping Stop the Genocide (May 2011)
The Rwandan Civil Society in 1994 failed to act in efforts to stop or condemn the 1994 Genocide against Tutsi.The accusations were made by Edward Munyamariza, the president of the Rwanda Civil Society Platform (RCSP), during an event to commemorate the Genocide over the weekend. Addressing the press at Kigali Genocide Memorial Centre at Gisozi after a walk by members of civil society platform, Munyamariza said that the civil society at the time failed to play its role as over one million people were killed. (Read more)

Prison Term for Opposition Leader (February 2011)
A prominent Rwandan opposition leader, Bernard Ntaganda, who was accused of stoking ethnic tensions, was sentenced Friday night to four years in jail, Rwandan authorities said."There is no place for hate speech and divisionism in Rwanda," the chief prosecutor, Martin Ngoga, said in a statement. "Our laws are there to protect Rwandans from those who want to reverse the economic and social progress as well as the reconciliation that has been made." (Read more)

Interview with Civil Society Activist - Pascal Nyilibakwe (January 2011)
Pascal Nyilibakwe is the Executive Director of Ligue des Droits de la personne dans law region des Grands Lacs (LDGL), which works in the Great Lakes region of Africa and has 25 members in Burundi, the Democratic Republic of Congo and Rwanda, with the secretariat based in Kigali, Rwanda. LDGL monitors compliance of countries in the region with human rights obligations. Its main activities are based on monitoring the respect for national, regional and international instruments of human rights, and on advocacy around challenges raised in human rights in this region. LDGL produces a monthly bulletin and a report on the human rights situation in Burundi, DRC and Rwanda with a view to highlighting human rights challenges in the region and catalysing advocacy by civil society. Pascal was based at the CIVICUS office from October 2010 through January 2011. He discusses the situation in Rwanda and how he had to leave the country because of his human rights work. (Read more)

Rwanda to Review Laws Said to Restrict Freedoms (January 2011)
Rwanda has agreed to review a number of laws that critics say restrict the media, freedom of expression and political activity. The laws came under questioning this week at the 10TH Session of the U.N. Human Rights Council in Geneva. In Nairobi, Henry Maina, East Africa executive director of the freedom of expression group Article 19, says, “Within the new Universal Periodic Review, all U.N. member states come under review at least once in four years. So, the first cycle of review is still ongoing, starting in April 2008.” (Read more)

The foregoing information was collected by the ICNL NGO Law Monitor partner organization in Rwanda.