Rwanda: The process that people who lost their parents during the 1994 genocide must follow to reclaim property; related legislation; whether there are any obstacles to reclaiming property, including ill-treatment of people who attempt to reclaim property; protection available to victims; whether taking possession of abandoned land during the genocide is considered a crime
Overview of land disputes involving orphans
Several sources consulted by the Research Directorate indicate that following the death of their parents in the 1994 genocide, orphans from across the country saw the land that they were to inherit usurped by relatives, guardians, neighbours or authorities (The New Times 19 Dec. 2009; LDGL 19 Apr. 2010; Rose 2005, 916). According to an article published by The New Times in Kigali, a report written by various organizations-including the departments of Justice and Local Government, the office of the National Prosecutor, the office of the Ombudsman, the non-profit association IBUKA that provides assistance to genocide survivors (IBUKA n.d.), and the National Commission for the Fight Against Genocide (Commission nationale de lutte contre le genocide, CNLG)-indicated that district authorities had built Imudugudu [or villages, (UN 2009, 7)] on land belonging to orphans without compensating them (The New Times 19 Dec. 2009). According to an article published on 30 July 2006 by the Great Lakes Region Human Rights League (Ligue des droits de l’homme dans la région des Grands Lacs, LDGL), in 1998, during the development of the Masaka sector, located in the Kicukiro district in the city of Kigali, the authorities expropriated land from several 1994 genocide orphans without compensating them. According to the official report cited by The New Times, in December 2009 there were 543 cases of genocide orphans who had been stripped of their land by individuals or authorities (19 Dec. 2009). Additional statistics on land conflicts involving orphans in Rwanda could not be found among the sources consulted by the Research Directorate.
Legislation
The rights of children concerning land and property are covered by customary law and several legal instruments, such as Law No. 2/99 regarding matrimonial, inheritance and estate issues; Law No. 27/2001 regarding the rights and protection of children against violence (Rose 2005, 920); and the organic law on land tenure in Rwanda (Rwanda 2005). Article 50 of Law No. 2/99 stipulates that [translation] “all legitimate children of deceased persons under civil laws inherit in equal parts regardless of whether they are male or female” (Rwanda 1999). According to an article published by an anthropology researcher which is based on field studies conducted between 1995 and 2004, the law provides that minors must be represented by an adult guardian; however, it does not stipulate any options for cases in which the guardian does not protect the property rights of the minor in question (Rose 2005, 923). Moreover, the researcher stated that legitimate children have more rights than those born out of wedlock (ibid., 922). She stated that the laws and regulations in place [translation] “do not offer sufficient protection for defending land rights of orphans or they are not enforced” (ibid., 914). However, according to an article published by Afrik.com in 2008, orphans of the 1994 genocide have been able to claim land under the inheritance law enacted by the Government of Rwanda in 1999.
At the regional and international levels, Rwanda has signed several agreements including the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child (Rose 2005, 920).
Procedure for reclaiming land and problems encountered
During a 19 April 2010 telephone interview with the Research Directorate, a representative of the LDGL explained that to reclaim property left behind by their parents, orphans must address the local authorities, courts or traditional reconciliation committees commonly known as abunzi. They do not have to present their problems before the gacaca courts, which are special courts established to judge [translation] “the people involved in the genocide” (LDGL 19 Apr. 2010). The LDGL Representative added that her organization is not aware of any case in which a person was considered a criminal solely because that person took possession of land that was abandoned during the genocide (ibid.).
According to an article published by the researcher in anthropology, local authorities sometimes refuse to return land to orphans, reportedly because so many repatriated persons are in need of it (Rose 2005, 922). An undated document about women’s land rights in Rwanda, published by an associate professor of the department of anthropology at the University of Louisville in the United States (US) (University of Louisville n.d.) and the non-governmental organization (NGO) Rwanda Initiative for Sustainable Development (RISD), indicates that, traditionally, Rwanda has protected vulnerable groups, such as orphans, by taking precautions to ensure their access to property (Burnet and RISD n.d.). However, the post-war context has created significant demands, and “in some cases, widows, orphans and other vulnerable individuals are denied their cultural and statutory rights to land” (ibid.). The LDGL Representative explained that among the problems that orphans face when reclaiming property is the possibility that their guardian has already sold their parents’ land or that the land was taken by other people, such as neighbours, local leaders or high-ranking officials, [translation] “who refuse to make restitution and instead make threats, intimidate them or assault them” (LDGL 19 Apr. 2010). The researcher in anthropology stated that guardians, who are supposed to defend orphans’ rights before the local authorities and courts, sometimes fail to assume their responsibility or seize the land themselves (Rose 2005, 927). An article published by Syfia Grands Lacs on 12 February 2010 reported the case of a 19-year-old orphan who survived the 1994 genocide and was fighting with his uncle because the uncle had registered all the family’s properties in his name after the boy’s parents had died. According to the researcher in anthropology, many orphans are unable to defend their rights themselves, and most are denied access to local authorities or to the courts if they are not represented by a guardian (Rose 2005, 914, 924). Furthermore, many orphans who won their cases before the courts were not in fact able to access their land because they lacked the financial resources or support from local authorities (ibid., 929). The cost of legal proceedings is also an obstacle to reclaiming land; in some cases, bribes have been demanded by judges or representatives of the local authorities in order to handle a case or render a favourable decision (ibid., 930).
The researcher in anthropology stated that older orphans more easily win their cases than their younger counterparts when before administrative tribunals or courts of justice while orphans with no mother or father encounter more problems than those who have lost only one parent (Rose 2005, 926). However, according to the researcher, orphans who are represented by counsel are generally successful (ibid.). The researcher concluded, however, that few orphans have been able to assert their land rights (ibid., 914).
With regard to the issue of ethnicity, according to the LDGL Representative, land conflicts involving orphans are not based on ethnicity (LDGL 19 Apr. 2010). However, according to the researcher in anthropology, some Hutu orphans have had their land usurped by repatriated Tutsis (Rose 2005, 926). With regard to the problems that orphans with guardians of another ethnic origin may have, the researcher mentioned one case in which Tutsi orphans were deprived of land that had belonged to their mother by their Hutu stepmother (ibid.). Additional information on this subject could not be found among the sources consulted by the Research Directorate.
Protection available to victims
The LDGL Representative stated that many governmental organizations and NGOs provide help to orphans (19 Apr. 2010). One of the main NGOs that assists orphans in land conflicts is IBUKA, whose name means [translation] “memory”; it was created by survivors of the genocide and consists of various categories of people, including orphans (LDGL 19 Apr. 2010; GAERG n.d.). IBUKA offers a variety of services, namely [translation] “psychological counselling, medical care, schooling for orphans of the genocide, legal assistance and support in the search for housing” (LDGL 19 Apr. 2010). The NGO also organizes awareness campaigns and training workshops on various subjects, including ethnic and land issues (ibid.). The website of the Ministry of Local Government, Good Governance, Community Development and Social Affairs (MINALOC) of the Republic of Rwanda indicates that it has a department dedicated to survivors of the 1994 genocide, including orphans (Rwanda n.d.). The objective of the department is to facilitate the social reintegration of genocide survivors (ibid.). Additional information on the Ministry’s role could not be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Afrik.com. 5 July 2008. “Droits fonciers : le combat des femmes africaines.” (Emory University School of Law) <http://www.afrik.com/article14727.html> [Accessed 14 Apr. 2010]
Burnet, Jennie E. and Rwanda Initiative for Sustainable Development (RISD). N.d. “Women’s Land Rights in Rwanda.” <http://www.law.emory.edu/wandl/WAl-studies/rwanda.htm> [Accessed 11 Mar. 2010]
Groupes des anciens étudiants rescapés du génocide (GAERG). N.d. “Ibuka.” <http://www.gaerg.org/spip.php?article11> [Accessed 22 Apr. 2010]
IBUKA. N.d. “Qui sommes-nous?” <http://www.ibukanet/press.html> [Accessed 3 May 2010]
Ligue des droits de la personne dans la région des Grands Lacs (LDGL). 19 April 2010. Telephone interview with a representative.
_____. 30 July 2006. B. Uzaramba. “Rwanda : les autorités de Masaka ignorent que des orphelins ont été dépouillés.” <http://www.ldgl.org/spip.php?article1449> [Accessed 15 Mar. 2010]
The New Times [Kigali]. 19 December 2009. Edmund Kagire. “Rwanda: Ibuka Reclaims Orphans’ Assets.” (AllAfrica.com) <http://allafrica.com/stories/printable/200912190014.html> [Accessed 24 Feb. 2010]
Rose, Laurel L. 2005. “Orphans’ Land Rights in Post-War Rwanda: The Problem of Guardianship.” Development and Change, Vol. 36, No.°5. (Wiley Interscience) <http://www3.interscience.wiley.com/cgi-bin/fulltext/118643540/PDFSTART> [Accessed 11 Mar. 2010]
Rwanda. 2005. Loi organique n°08/2005 portant rigime foncier au Rwanda. <http://www.amategeko.net/display_rubrique.php?ActDo=ShowArt&Information_ID=172&Parent_ID=1829&type=public&Langue_ID =Fr&rubID=1859#1859> [Accessed 4 May 2010]
_____. 1999. Loi no 22/99 complétant le livre premier du code civil et instituant la cinquième partie relative aux régimes matrimoniaux, aux libéralités et aux successions. <http://www.amategeko.net/display_rubrique.php?ActDo=ShowArt&Information_ID=131&Parent_ID=1443&type=public&Langue_ID =Fr&rubID=1502#1502> [Accessed 4 May 2010]
_____. N.d. Ministry of Local Government, Good Governance, Community Development and Social Affairs (MINALOC). “Protection of Genocide Survivors.” <http://www.minaloc.gov.rw/spip.php?article28> [Accessed 19 Apr. 2010]
Syfia Grands Lacs. 12 February 2010. Albert-Baudoin Twizeyimana. “Rwanda : l’enregistrement des terres divise les Rwandais.” <<http://www.syfia-grands-lacs.info/index.php5?view=articles&action=voir&idArticle=1666> [Accessed 8 Apr. 2010]
United Nations (UN). 2009. World Health Organization (WHO). Laurent Musango, Ole Doetinchem and Guy Carrin. De la mutualisation du risque maladie à l’assurance maladie universelle : expérience du Rwanda. (HSS/HSF/DP.F.09.1) <http://www.who.int/health_financing/documents/dp_f_09_01-mutualisation_rwa.pdf> [Accessed 19 Apr. 2010]
University of Louisville. N.d. “Jennie E. Burnet, Assistant Professor.” <http://louisville.edu/anthropology/research-opportunities/cultural-anthropology/jennie-burnet> [Accessed 16 Apr. 2010]
Additional Sources Consulted
Oral sources: Attempts to contact representatives of IBUKA, the Ministry of Local Government, Good Governance, Community Development and Social Affairs (MINALOC), and the city of Kigali were unsuccessful.
Internet sites, including: Agence rwandaise d’information (ARI), Fondation Hirondelle, Food and Agriculture Organization (FAO), Forest Peoples Programme (FPP), Global Development Network (GDN), International Displacement Monitoring Centre (IDMC), Japan International Cooperation Agency Research Institute (JICA?RI), Office of the United Nations (UN) High Commissioner for Refugees (UNHCR), Orphans and other Vulnerable Children Organization (OVC), Overseas Development Institute (ODI), Rwanda - Office rwandais d’information (ORINFOR), Search for Common Ground (SFCG), Survivors Fund (SURF), UN Children’s Fund (UNICEF), UN Development Programme (UNDP), United States (US) Department of State, US Agency for International Development (USAID).