It’s been twenty-five years since the 1994 Genocide against the Tutsi. The major fuel of the mass massacre of innocent civilians was the spread of hatred, divisionism and discrimination. To ensure that Rwanda does not return to its dark past, the Government has put in places laws that prohibit and prescribe punishment for discrimination. The preamble of the Constitution of Rwanda of 2003 revised in 2015, for instance, states the commitment of Rwandans to preventing and punishing, among other things, “divisionism and discrimination based on ethnicity, region or any other ground.” The eradication of discrimination is also one of the fundamental principles stated in article 10 of in the Constitution of Rwanda Article 16 of the Constitution of Rwanda states: “All Rwandans are born and remain equal in rights and freedoms.” Thus, it is against the law to discriminate against anyone or to spread propaganda based on ethnicity, ancestry, religion, economic status, cultural differences, language, and physical or mental disability. Article 37 of the Constitution of Rwanda which protects the freedom of conscience and religion, does not allow for discrimination of any kind and states that it is punishable by law. It is the duty of every Rwandan to maintain good relations with others, to avoid discrimination and to promote and reinforce mutual respect, solidarity and tolerance. This is according to article 57 of the constitution of Rwanda. To maintain a good political atmosphere, article 57 prohibits forming political parties based on race, ethnicity, tribe, lineage, sex, religion or any other potentially discriminative criteria. All children are equal before the law and thus have a right to equal protection, according to article 5 of N°71/2018 of 31/08/2018 Law relating to the protection of the child. However, there are special provisions for children with certain difficulties, such as living with the HIV or being physically or mentally disabled. Special provisions for such instances are not considered as a form of discrimination. The crime of discrimination is punishable under article 163 of Nº68/2018 of 30/08/2018 Law determining offences and penalties in general. Discrimination related to race, ethnicity, origin, clan, family connection, colour of skin, sex, region, nationality, religion, political ideology, economic classes, culture, language, social status, physical or mental disability or physical appearance are all prohibited and punishable. It is also prohibited and punishable to deny a person or group of people their civil or international rights as a result of discrimination. A prison sentence ranging from five years to seven years is pronounced on anyone convicted of the crime of discrimination. The convict also pays a minimum fine of five hundred thousand Rwanda francs. Article 164 of the law determining offences and penalties in general outlaws any act which is aimed at dividing people or is likely to set them against each other based on discrimination. Such acts can be in form of speech or in writing. Anyone who instigates divisions receives the same punishment as someone convicted of the crime of discrimination. editor@newtimesrwanda.com
