By Dr. Charles Kambanda Edited By: Jennifer Fierberg
On June 2, 2014, the Minister of Justice – on behalf of the government of Rwanda (GoR) – issued communiqué “assessing” Human Rights Watch (HRW) activities and conduct in Rwanda. The GoR broad accusations against HRW fit in five categories: (1) HRW is a tool for some unnamed “authorities” to which HRW pays allegiance; HRW is not independent. (2) HRW breached the Memorandum of Understanding (MoU) between the GoR and HRW; HRW acts and/or reports on issues beyond the MoU (3) HRW conducts interviews and/or makes reports without consulting the GoR, (4) HRW is biased against the GoR in favor of opposition groups, (5) HRW reports wrong and malicious information on specific cases in Rwanda.
All the accusations against HRW underscore two critical issues: (i) the GoR “assessment” lack objective knowledge of the rationale, functioning and methodology of Human Rights organization in general and HRW in particular. (ii) The GoR does not appear to make out, or willfully refuses to acknowledge, the universal mandate and mission of Human Rights organizations.
Human Rights organizations “report” to the spirit and letter of the Universal Declaration of Human Rights, not to anybody, organization or government.
The fountain of authority and power for Human rights organizations is common values and principles enshrined in the Universal Declaration of Human Rights (UDHR). Human rights organizations ensure that the “mightiest” (governments) do not use their powers and authority to deprive people of their minimum rights and freedoms as laid down in the UDHR and elaborated in other international human rights legal instruments. The December 9 1998 UN Declaration reaffirmed this universal fountain of power and authority for human rights organizations, including HRW.
HRW is a renowned human rights organization in the fight for people’s rights and freedoms. HRW has criticized all governments, including superpowers, whenever those governments’ actions are inconsistent with the minimum standards for people to live meaningfully. HRW reports and /or documents are always open for public perusal.
The Government of Rwanda, in its “assessment” – paragraph 1 writes: “who and for what objectives does the organization serve? What motivations lie behind their publications? … To whom is HRW accountable and to whom does one complain when the organization is thought to be involved in acts harmful to one’s interest?” There are two possible explanations for the GoR questions about the “source of power and the authority” for HRW: (i) the government of Rwanda, does not know the fountain of power and authority for human rights organizations in general and HRW in particular or (ii) the government knows the source of power and authority for HRW but was only trying to sound sarcastic. Either way, the government of Rwanda’s questions about the origin of power and authority for human rights organizations are ridiculous.
The GoR knows or should know the universal moral and legal source of power and authority for human rights organizations. If the GoR believes, in good faith, that any human rights organization, including HRW, has failed to live to the ideal, the burden of proof is on the GoR. The GoR chose to remain ambiguous, behind ridiculous and/or sarcastic “questions”.
The GoR’s questions in paragraph one of their ‘attacks’ on HRW cannot be construed as Cartesian “methodical doubt” for two reasons: (a) Methodical doubt does not apply to [I]a priori[/I] propositions and (b) on its face, the GoR set of “questions” is but classic cynicism.
It is standard practice for human rights organizations to receive donations for efficient execution of their work. It is undisputed that successful human rights organizations must have a network of high profile individuals and organizations. It is not sufficient to argue that because HRW receives donations from individuals and groups and HRW makes financial reports to such people, therefore HRW is not independent. Protecting human rights is a complex job. Human rights organizations need high profile and experienced partners to access information and influencing the international community to mount pressure on human rights violators. The GoR cannot use HRW network of high profile individuals or groups – the world over – to argue that HRW is not independent. The GoR missive provides no admissible evidence that HRW lacks independence.
Human Rights organizations, like HRW, have universal mandate beyond partisan politics and political compromise
The December 9, 1998 UN Declaration is unequivocal on the mandate of human rights organizations, including HRW. Under the December 9, 1998 UN Declaration Human Rights organizations are mandated “… to criticize government bodies and agencies and to make proposals to improve.” Under the 1998 UN Declaration States are under duty to protect human rights defenders against any violence, retaliation and intimidation as a consequence of their work. Therefore, GoR is under legal duty, under the UN Charter, to work with and protect human rights organizations, including HRW.
Human rights organizations’ work is not defined by any MoU between a country and the concerned human rights organization. Although such MoU may be helpful for human rights to operate, where a MoU is inconsistent with the human right organization’s universal mandate, the mandate prevails.
The GoR believes that letting human rights organizations to operate in Rwanda is a “favor” to those human rights organizations (refer to paragraphs: (1) (22)). The government of Rwanda appears to suggest that they can terminate the “favor” for human rights to operate in Rwanda at will. In addition, the GoR appears to believe that HRW activities are limited to the “2011 MoU” (refer to paragraphs (2) (3), (4), (5). The GoR’s beliefs, above, are inconsistent with the existing international law and practice. The GoR is wrong because under the December 9 1998 UN declaration, it is incumbent of government to work with human rights organizations. Breach of this legal duty has serious legal, political and/or diplomatic consequence for any government under the UN Charter. FULL STORY
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