Rwandan FlagNGO Law Monitor: Rwanda

Introduction | At a Glance | Key Indicators | International Rankings
Legal Snapshot | Legal Analysis | Reports | News and Additional Resources
Last updated 4 July 2014

Introduction

Like many countries, Rwanda is characterized by extreme poverty and weak institutions, but its social history is particularly tragic. In 1994, Rwanda experienced a devastating genocide that left more than 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 also limits the ability of people to access various sources of information and limits their capacity to interact with formal institutions of the state. The vast majority of Rwandan CSOs are grassroots associations focused on issues of livelihood, with little capacity to engage on public policy issues in a more strategic way. Likewise, it has been difficult for urban-based advocacy CSOs to make connections to grassroot CSOs. 

The legal framework for civil society in Rwanda has recently undergone comprehensive reform. In 2008, 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). In 2011, the Rwandan Senate passed new laws governing national and international non-governmental organizations ("NGOs") and religious-based organizations, and in 2012, President Kagame signed the laws.

The new laws were a result of extensive consultation and are  not perfect in the eyes of either Government or civil society. Moreover, the impact of the laws on civil society's role in Rwanda depended on sound implementation. Consultations are ongoing between civil society and Government regarding implementing rules. There has been concern that the implementation of new laws has not been in keeping with the progressive nature of such legislation. Notably, CSOs are often required to produce extensive documentation to obtain legal status, though the law sets out a limited number of requirements. Still, the National NGO Law, in particular, represents a departure from the recent trend in much of Africa to legally restrict CSOs and their activities.

Back to Top

At a Glance

Organizational Forms National and International NGOs
Registration Body Local authority and Rwanda Governance Board (RGB).
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.
Barriers to Assembly 30 days advance notification requirement; excessive criminal and financial penalties for violations, especially for assemblies held on public roadways.

Back to Top

Key Indicators

Population 11,689,696 (July 2012)
Capital Kigali
Type of Government Republic; presidential, multiparty system
Life Expectancy at Birth 58.44 years (2012)
Literacy Rate 71.1% (2010)
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 $1400 (2012 est.)

Source: The World Factbook 2009. Washington, DC: Central Intelligence Agency, 2009; and Rwanda Demographic Profile.

Back to Top

International Rankings

Ranking Body Rank Ranking Scale 
(best – worst possible)
UN Human Development Index 167 (2013) 1 – 182
World Bank Rule of Law Index 50 (2012) 100 – 0
World Bank Voice & Accountability Index 12.5 (2012) 100 – 0
Transparency International 50 (2013) 1 – 180
Freedom House: Freedom in the World Status: Not Free
Political Rights: 6
Civil Liberties: 5 (2013)
Free/Partly Free/Not Free
1 – 7
1 – 7
Foreign Policy: Fragile States Index
34 (2014) 177 – 1

Back to Top

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
Pact on Security, Stability and Development in the Great Lakes Region Yes 2006

* 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.

The Constitution has been amended three times: N° 1 of 02/12/2003 (O.G n° Special of 02/12/2003); N° 2 of 08/12/2005 (O.G n° Special of 08/12/2005); and N° 3 of 13/3/2008 ( OG n° Special of 13/8/2009).

National Laws and Regulations Affecting Sector

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

  • Organic Law 55/2008 of 10/09/2008 Governing Non-Governmental Organizations;
  • Law Number 04/2012 of 17/02/2012 Governing the Organization and Functioning of National Non-Governmental  Organizations;
  • Law Number 05/2012 of 17/02/2012 Governing the Organization and Functioning of International Non-Governmental  Organizations; and
  • Law Number 06/2012 of 17/02/2012 Governing the Organization and Functioning of Religious-Based Organizations.

Pending NGO Legislative / Regulatory Initiatives

The President of Rwanda signed in 2012 laws governing National Non-Governmental Organizations (NGOs), International NGOs, and Religious-based Organizations.

The approval of the bills by both Houses of Parliament was 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 National Non-Governmental Organizations Law includes a number of noteworthy provisions, including:

  • Reasonable registration provisions that make it possible for organizations to obtain legal identity through the Rwandan Governance Board;
  • Restrictions on the power of the Board to deny registration, with deadlines for the Registrar's action on applications, and with the automatic right of appeal from adverse decisions;
  • Specific authority for NGOs to engage in business operations, if profits are used for the organization's objectives;
  • Sound NGO governance provisions to strengthen NGO internal operations and legitimacy;
  • Mediation processes established for resolving NGO internal conflicts; and the
  • Affirmative right and administrative vehicles established for NGOs to participate in policy and legislative development.

The International Non-Governmental Organizations (INGO) Law, which is being considered by the Senate, contains many provisions similar to those contained in the "National" Law.  One change most beneficial to the sector in the regulation of International NGOs is the extension of registration from a single year term to up to five years. However, provisions causing concern to the international community include a 20% limit on expenditures for administrative expenses (“overhead”) and lack of clarity with respect to taxation of income of non-Rwandan employees.  Additionally, the placement of the registration authority in the Directorate General of Immigration and Emigration, with multiple potential authorities exercising varying degrees of oversight over the INGO sector and seeking periodic reports, appears to require costly and burdensome compliance efforts on the part of the sector.  Additionally, the detailed nature of reporting, particularly in terms of budgeting for both annual and long-term action plans, will be extremely burdensome, unless dealt with reasonably in implementing rules. The implementing rules are now under preparation, with consultations between sector and Government.

Back to Top

Legal Analysis

Organizational Forms

The Organic Law Governing Non-Governmental Organizations (Law 55/2008 of 10/09/2008) defines non-governmental organizations as organizations which are comprised of natural persons or of autonomous collective voluntary organizations whose aim is to improve economic, social and cultural development and to advocate for public interests of a certain group, natural persons, organizations or with the view of promoting common interest of their members.  

In order to make the Organic Law operational, three laws were enacted in 2012, relating to three separate organizational forms:

  • National NGOs;
  • International NGOs operating in Rwanda; and
  • Religious-based organizations. 

Public Benefit Status

“Public interest organizations” are defined in the National NGO Law as “organizations … (that) carry out activities in the development of various sectors including civil society, economy, social welfare, culture, science and human rights.” (Article 3)

NGOs seeking “public benefit” status (with tax and other privileges accruing) must register before operating.

Barriers to Entry

Under the current law, NGO registration suffers from excessive bureaucratic requirements, and obtaining legal personality is not automatic.

Article 17 of Law 04/2012 stipulates that a temporary certificate of registration is issued to national NGOs and is valid for a period of twelve months. A national NGO shall then apply for legal personality nine months after the issue of the first temporary certificate. According to implementing rules promulgated by the Rwanda Governance Board, the requirements for National NGOs to obtain legal personality are the following:

1.Application Letter Addressed to the CEO of Rwanda Governance Board;
2.Authenticated statutes in conformity with the Law 04/2012;
3.Document showing the organization’s head office and its full address;
4.The name of the Legal Representative of the organization, the name of his/her deputy, their duties, full address CV and their judicial records;
5.The minutes of the general assembly which appointed the Legal Representative of the organization and the signatures of all the members that attended such general assembly meeting;
6.Action plan for the fiscal year;
7 Original District Collaboration letter.

International NGOs are also required to submit a long list of documentation and information, including the implementation schedule and its various stages of planning, detailed cost estimates with data, an indication of who will continue activities launched by INGOs after they have completed their work, and “all information relating to its geographical establishment throughout the world.” 

Barriers to Operational Activity

National NGOs may be denied registration or subject to termination for the failure to comply with the registration legislation or “convincing evidence that the (applicant) may jeopardize security, public, order, health, morals, and human rights.” (Articles 20 and 24)

In addition, spending by International NGOs must not exceed 20% of their budgets on “overhead costs in programs that are not in the interest of … beneficiaries.” 

Barriers to Speech / Advocacy

There are no legal provisions expressly prohibiting speech or advocacy by CSOs.  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.”

Policy and legislative advocacy is enshrined as an affirmative right under Article 28 of the National NGO 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, NGOs are permitted to engage in income generating activities, provided that any profits earned are used in activities related to their primary objectives.  The government is required to include in the national budget funding for NGOs, in addition to normal Ministry-level support and contracts.  NGOs are permitted to compete for government funds and in some cases encouraged to do so.  While NGOs are exempt from tax on most categories of income, the tax law does not provide incentives to donors for donations to NGOs.

Barriers to Assembly

Article 36 of the Constitution guarantees the freedom of assembly as follows:

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.

Article 684 of the Organic Law Instituting the Penal Code defines an assembly as “a group of people gathered in a public place with intent to demonstrate their opinion or point of view by means of a number of actions or shouting. A public gathering means a meeting open for the public or in which the public is invited.”

The Law on Public Demonstrations of and Public Gatherings (hereafter “the Law”) of August 5, 1991, provides the framework for assembly.  

Advance Notification
Article 5 of the Law requires a notification of 30 days in advance of an assembly. The authorities must respond at least 6 days before the assembly. There is no exception made for spontaneous demonstrations. And there is no specific provision to address counter-demonstrations.

Article 17 of the Organic Law Modifying and Complementing Organic Law Governing Political Organizations and Politicians (2007) requires “any political organization intending to organize a public rally of its members” to provide “prior written notification through regular mail to administrative authorities with acknowledgement of receipt.”  Political organizations seeking to organize a demonstration must “apply for authorization thereof to administrative authorities through regular mail with acknowledgement of receipt.”

Article 17 also states that "Any leader in a competent public entity who grants authorization to hold rallies, demonstrations, peaceful protest or support marches, or use of mobile or static loudspeakers that may disrupt public order and security of the population, especially that of nearby residents, shall send a copy of the authorization to the police authorities within the territorial jurisdiction of the place of issuance of the authorization at least within a period of twenty-four (24) hours before the implementation of the authorization."

A "Political Organization" is not defined in the Organic Law Modifying and Complementing Organic Law Governing Political Organizations and Politicians.

Responsibilities of Organizers
Organizers are required to “keep the peace.”

In addition, for political organizations, the organizers “shall help public authorities to maintain law and order” and “shall amicably compensate for any action and behavior of their political organizations members that threaten the security of the people and their property or otherwise, the courts of law shall intervene (Article 5).”

Criminal Penalties
The Penal Code provides for fines and imprisonment in the case of certain violations.  Specifically, Article 685 of the Penal Code states that:

Any person who holds a public meeting or demonstration on public roadways without notifying the competent authority shall be liable to a term of imprisonment of eight (8) days but less than six (6) months and a fine of one hundred thousand (100,000) to one million (1,000,000) Rwandan francs or one of these penalties.

If a person holds a public meeting or demonstration on public roadways despite refusal by a competent authority, that person shall be liable to a term of imprisonment of six (6) months to one (1) year and a fine of two hundred thousand (200,000) to three million (3,000,000) Rwandan francs or one of these penalties.

If a person holds a public meeting or demonstration on public roadways without notifying the competent authority and impairs security, order or public health, that person shall be liable to a term of imprisonment of six (6) months to two (2) years and a fine of two million (2,000,000) to five million (5,000,000) Rwandan francs or one of these penalties.

If a person holds a public meeting or demonstration on public roadways after refusal by a competent authority and impairs security, order or public health, that person shall be liable to a term of imprisonment of one (1) year to three (3) years and a fine of two million (2,000,000) to five million (5,000,000) Rwandan francs.

Back to Top

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

Fragile States Index Report

Foreign Policy: Fragile States Index 2014

Human Rights Watch World Report: Rwanda 2014
IMF Country Reports

Uganda and Rwanda: Selected Issues 2009

Rwanda: Poverty Reduction Strategy Paper 2008

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

Back to Top

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

Ntaganda Released from Mpanga prison (June 2014)
Bernard Ntaganda was released from Mpanga prison in Nyanza after serving a four-year sentence after he had been found guilty of endangering national security, divisionism, inciting ethnic divisions and attempting to organize demonstrations without official authorization. The director of Mpanga prison, Alexis Sano, refuted claims that Ntaganda was mistreated while in prison and added that he wasn’t denied any of his rights. Ntaganda has vowed to continue with politics.

U
SAID on Democracy, Human Rights, and Governance in Rwanda
(June 2014)
Rwanda has made remarkable progress in developing its governance structures, maintaining security, promoting reconciliation and strengthening the justice system. Despite this progress, significant challenges in democracy and governance remain. USAID’s democracy and governance program in Rwanda builds on past progress to deepen ongoing reconciliation efforts across the country, strengthen civil society, improve issues around land rights, create meaningful opportunities for civic engagement, and professionalize the media sector.

UN Special Rapporteur commends Rwandan Government
(January 2014)
United Nations Special Rapporteur Maina Kiai commended the Rwandan Government on its economic development in the 20 years since the 1994 genocide, but urged that undue restrictions on the freedoms of peaceful assembly and association be lifted so that the country can expand its achievements to the fields of multiparty democracy and human rights.

Rwandan opposition figure Ingabire sentenced to 15 years in jail
(November 2013)
Rwanda's Supreme Court on sentenced opposition figure Victoire Ingabire to 15 years in jail on appeal, increasing her prison term from eight years for conspiring against the authorities. The court upheld previous convictions for "conspiracy in harming authorities through terrorism and war" and for minimising Rwanda's 1994 genocide, in which at least 800,000 people were killed by troops and extremists of the Hutu majority. Ingabire, a Hutu and a leading critic of President Paul Kagame, who took power after a Tutsi rebellion ended the genocide, was also found guilty of spreading rumours to incite violence. Her husband, Lin Muyizere, has declared that if Ingabire had any discussions with the FDLR rebels, it was to make clear how she opposed integration with them.

Rwandan 'Catholics' detained over anti-Kagame protest (July 2013)
Eleven members of a Catholic group have been arrested in Rwanda after they tried to deliver a "vision from Virgin Mary" to President Paul Kagame, urging him to make reforms. The group had staged an "illegal protest" outside the presidential residence in the capital, Kigali, police said.

Civil Society Commended for Fight Against HIV/Aids (May 2013)
The Executive Director of Unaids, has commended civil society organisations for their contribution to HIV response in Rwanda. According to a statement, Executive Director of Unaids, Michael Sidibe said the journey towards zero new HIV infections, zero discrimination and zero Aids-related deaths requires inputs from everybody. "Each partner's contribution is essential and civil society organisations are expected to play a key role," he said.

Rwanda genocide survivors protest acquittal of suspects (February 2013)
The association of survivors of the 1994 genocide in Rwanda, 'Ibuka', has condemned two acquittals reached Monday by the International Criminal Court of Rwanda (ICCR), affirming that the sentences did not take into account the scope of the crimes committed by the defendants. 'We are aware of the complexity of the procedure to appeal against this decision,' Ibuka Executive Secretary, Naphtal Ahishakiye, told PANA. According to the 'Hirondelle' News Agency, ICCR Monday acquitted two former Rwandan ministers although they were earlier sentenced to 30 years imprisonment.

Rwandan opposition leader Victoire Ingabire jailed (October 2012)
Rwandan opposition leader Victoire Ingabire has been found guilty at her treason trial and sentenced to eight years in jail. The prosecution had requested a life sentence for the charges of threatening state security. The court also found her guilty of "belittling" Rwanda's 1994 genocide. Ingabire, a Hutu, returned from exile in the Netherlands in January 2010 - and has been in jail since her arrest.

EU partially freezes aid to Rwanda (September 2012)
Rwanda's biggest aid donor, the European Union, has partially frozen its financial support to Rwanda, dealing what may be the heaviest blow yet to president Paul Kagame. The move follows decisions by the United States, Germany, the Netherlands and Sweden to suspend donor support over allegations that the Rwandan military is supporting a murderous rebellion in the Democratic Republic of the Congo.

International NGO license increased to five years (September 2012)
International Non-Governmental Organisations (NGOs) will now receive registration certificates valid for up to five years, following the adoption of a new regulation designed to ease the registration and operations of not-for-profit organizations in Rwanda.

Rwanda one of 26 AU member states to have ratified African Court protocol (September 2012)
Delegates attending a regional forum have agreed to strengthen their partnership to make the African Court on Human and Peoples' Rights achieve its goals. They made the declaration at the end of a three-day seminar on the promotion of the Court for the Eastern and Northern region of the African continent hosted in Addis Ababa, Ethiopia. During the meeting, the court and its key partners discussed ways of increasing its visibility throughout Africa as well as ways of helping it effectively achieve its mandate. So far, only 26 of the 54 AU member states have ratified the Protocol establishing the Court, and, out of these, only five have so far authorized individuals and NGOs to file cases directly with the African Court. Speaking to The New Times, Deogratias Kayumba, a commissioner at the National Human Rights Commission (NHRC), said Rwanda has ratified the Protocol.

Civil society should influence policy – RGB (May 2012)
Civil Society Organisations (CSOs) have been called upon to influence policy formulation and implementation as they are in direct contact with the population. This was said by Rwanda Governance Board (RGB) CEO Prof. Anastase Shyaka. "Civil Society Organisations (CSOs) are key ingredients in ensuring good governance and social development. They have direct contact with the people and this is why we should strengthen them in terms of influencing public policy," Prof Shyaka said.

Opposition leader’s sentence upheld (April 2012)
The confirmation by the Rwandan Supreme Court of a four-year prison sentence for Bernard Ntaganda, an opposition leader, is a blow for those who had hoped the Court might protect free speech, Human Rights Watch said today. Ntaganda, founding president of the PS-Imberakuri opposition party, is one of several government critics, including two journalists, who remain in prison solely for the legitimate expression of their views.

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.

News Archive

Prime Minister presents 2011-2017 Government Programs (November 2011) 

Civil society happy with public servants' draft Code of Ethics (July 2011)

Civil society blamed for not helping stop the genocide (May 2011) 

Prison term for opposition leader (February 2011) 

Rwanda to review laws said to restrict freedoms (January 2011)

Human rights in Rwanda

(excerpt: "Rwanda has made important economic and development gains, but the government has continued to impose tight restrictions on freedom of expression and association. Opposition parties are unable to operate. Victoire Ingabire, president of the FDU-Inkingi, and Bernard Ntaganda, president of the PS-Imberakuri, are both serving prison sentences; several other opposition party members are also in prison in connection with their political activities or criticism of government policies. Rwanda also adopted a new media law that contains some positive elements, but has not had much impact in practice. Persistent threats against as well as prosecutions of journalists have all but destroyed independent journalism.")


Back to Top

 

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