VZCZCXYZ0010
OO RUEHWEB

DE RUEHLGB #0456/01 1320602
ZNY CCCCC ZZH
O 120602Z MAY 06
FM AMEMBASSY KIGALI
TO SECSTATE WASHDC IMMEDIATE 2738

C O N F I D E N T I A L KIGALI 000456 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR AF/C AND DRL 
DEPT PASS TO MCC FOR SHERRI KRAHAM AND MATT MCLEAN 
 
E.O. 12958: DECL: 05/11/2016 
TAGS: PHUM PREL SOCI KDEM KJUS RW
SUBJECT: MILLENNIUM CHALLENGE ACCOUNT ELIGIBILITY 
 
REF: ARIETTI-KRAHAM EMAILS 
 
Classified By: polchief LChang for reasons 1.4(b),(d). 
 
Summary 
------- 
 
¶1. (C) In its recent indicator analysis of Rwanda, the 
Millennium Challenge Corporation (MCC) noted that Rwanda 
failed four of the six Ruling Justly indicators.  Based on 
consolidated evaluations of third-party institutions, MCC 
provided Embassy Kigali a summary of Rwanda,s strengths and 
weaknesses and one page of recommendations in four specific 
areas for improvement:  voice and accountability; civil 
liberties/political rights/rule of law; political rights; and 
government effectiveness.  Embassy Kigali is engaged in an 
ongoing structured dialogue with the GOR on a broad range of 
human rights/rule of law issues that directly relate to 
Millennium Challenge Account (MCA) criteria.  The GOR 
understands that this dialogue addresses issues linked to MCA 
eligibility, but to date we have not provided the GOR a 
written list of suggestions for GOR actions that would 
enhance Rwanda,s prospects for MCA eligibility. 
 
¶2. (C) Embassy has reviewed the one-page recommendations list 
provided by MCC and, as indicated earlier, is concerned that, 
as written, the list would be seen by the GOR as reflecting 
unawareness of ongoing reforms and an inaccurate perception 
of Rwandan policies.  Based on Embassy analysis, below in 
para 3 are our comments on the MCC recommendations and in 
para 4 suggested rephrasing of some of the recommendations to 
more accurately reflect the current situation in Rwanda and 
to better serve as a constructive tool for GOR action.  With 
MCC agreement, we will provide this revised list to the GOR, 
and it could form a basis for discussion during President 
Kagame,s upcoming visit to Washington. 
 
MCC Recommendations for Improvement 
----------------------------------- 
 
¶3. (C) MCC recommendations, with Embassy comments, in the 
four areas for improvement are: 
 
Voice and Accountability 
 
-- Amend the law governing NGOs to simplify process of 
registration and protect their autonomy and freedom of 
association.  (Comment:  The NGO law is currently under 
review.  Suggest rewording, per para 4 below, as the 
registration process has not been a problem for NGOs.) 
 
-- Limit the role of the party and NGO "forums" to sharing 
views and away from imposing consensus.  (Comment:  The 
stated role of the political party forum is to provide an 
arena in which parties under-represented in the Parliament 
can voice their concerns and views.  While none of the 
existing political parties have complained about current 
procedures, there is a clear push to achieve consensus.) 
 
-- Allow historically marginalized groups, such as the Twa, 
to organize to advocate for their interests in accordance 
with the law, so long as there is no criminal intent or 
behavior.  (Comment:  Including the qualifier "so long as 
there is no criminal intent or behavior" leaves this wide 
open to government interpretation and intervention.  Suggest 
rewording.) 
 
-- Limit government intervention in media and civil society. 
(Comment:  rephrase to encourage more open environment.) 
 
-- Allow for investigative journalism and public criticism of 
the government.  (Comment:  This is already allowed; suggest 
rephrasing to encourage such activity.) 
 
-- Afford institutions such as the ombudsman and the auditor 
general the autonomy necessary to exercise their functions. 
(Comment:  The Auditor General is already autonomous in law 
and in practice; therefore, suggest deletion of reference to 
Auditor General.) 
 
-- Allow for independent monitoring of the government. 
(Comment:  A variety of organizations, including Amnesty 
International, Human Rights Watch, civil society groups, and 
an independent press, are independently monitoring the 
government.  Suggest rephrasing, per para 4 below, to address 
the role of the High Press Council.) 
 
-- Observe greater separation of powers among the executive, 
legislature, and judicial branches.  (Comment:  Suggest 
rephrasing to focus on the root of the problem -- the need to 
build local capacity.) 
 
Civil Liberties/ Political Rights/ Rule of Law (Judicial 
Institutions) 
 
-- Incorporate due process and human rights standards to 
government actions to root out genocidal ideology and 
divisionism.  (Comment:  This could be misconstrued as 
encouraging the government to root out genocidal ideology and 
divisionism.  Suggest a more explicit legal definition of 
these ill-defined concepts and holding police accountable for 
abuses.) 
 
-- Expedite training of gacaca (traditional courts) judges in 
basic legal principles -- including the presumption of 
innocence and protection of genocide survivors -- and proper 
procedures so that the implementation of gacaca trials can 
begin without further delays.  (Comment:  The delays have 
been caused by lack of funding and a pending law to realign 
jurisdictional boundaries of gacaca courts with the 
government,s administrative restructuring, not because of 
the need to train gacaca judges.) 
 
-- Ensure that courts continue to hear cases during 
implementation of judicial reform to minimize delays and 
backlog of cases.  (Comment:  The courts have fully resumed 
operations, and the GOR, within its severely limited 
resources, is continuing its best efforts to minimize delays 
and to reduce the case backlog.) 
 
-- Carry out genuine prosecutions of military and civilian 
personnel accused of revenge killings and war crimes. 
(Comment:  Several RPF soldiers and civilian personnel 
accused of war-related crimes have been prosecuted through 
the regular court system; other cases are pending.) 
 
-- Follow up with investigations and prosecutions to ensure 
that government officials and members of the elite accused of 
corruption are not above the law.  Conversely, ensure that 
the judicial system is not manipulated to eliminate political 
opposition to the RPF.  (Comment:  Suggest deletion as this 
is addressed through other listed recommendations.  Also, a 
number of high-level government officials and members of the 
elite have been accused and convicted of corruption.) 
 
Political Rights 
 
-- Amend electoral laws to ensure greater transparency in the 
electoral process, independence of the electoral commission, 
and freer campaigning.  (Comment:  The issue is not 
independence of the commission, but a problematic campaign 
process.  There was widespread perception that candidates in 
the 2003 presidential elections were not granted a level 
playing field and that opposition candidates were harassed.) 
 
-- Allow for the establishment of new parties.  (Comment: 
There is no prohibition on the establishment of new parties, 
but there are legal requirements to formally establish them. 
Suggest deletion.) 
 
Government Effectiveness 
 
-- Accelerate passage of the land law and policy after making 
substantive changes to ensure that compulsion is not used to 
enforce the new law and avoid increasing the number of 
landless Rwandans.  (Comment:  The GOR, with the assistance 
of the international donor community, is in the process of 
drafting subsidiary legislation to clarify and to implement 
the 2005 Land Law.) 
 
-- Cooperate with international efforts to reduce the volume 
of illegal trade in Congolese minerals or resources. 
(Comment:  The GOR maintains that it does not engage in 
illicit exploitation of Congolese minerals or resources.  The 
GOR requires importers to obtain permits showing the point of 
origin of imported items.) 
 
Suggested Rephrasing of Recommendations 
--------------------------------------- 
 
¶4. (U) Based on Embassy analysis, we suggest the following 
rephrasing of MCC,s recommendations to more accurately 
reflect the current situation in Rwanda and to better serve 
as a constructive tool for GOR engagement and action: 
 
Voice and Accountability 
 
-- Amend the law governing NGOs to better protect their 
autonomy and freedom of activity. 
 
-- Limit the role of the party and NGO "forums" to sharing 
views and away from imposing consensus. 
 
-- Identify means for historically marginalized groups, such 
as the Twa, to organize to advocate for their interests. 
 
-- Encourage a more open environment for the media and civil 
society, reducing government intervention. 
 
-- Encourage investigative journalism and constructive public 
criticism of government policy. 
 
-- Clarify the mandate and enhance the capacity of the 
Ombudsman to more effectively combat corruption. 
 
-- Ensure greater structural and effective independence of 
the High Press Council. 
 
-- Continue to build capacity to strengthen the individual 
independent branches of government. 
 
Civil Liberties/Political Rights/Rule of Law 
 
-- Clearly define by law the bounds of "genocidal ideology" 
and "divisionism," and ensure that there is due process and 
respect for human rights when the government acts. 
 
-- Hold police accountable for abuses. 
 
-- Continue efforts to minimize delays and to reduce the 
backlog of pending cases in the regular court system and in 
gacaca. 
 
-- Investigate and, where appropriate, prosecute in the 
regular court system military and civilian personnel accused 
of crimes committed during and after the civil war. 
 
Political Rights 
 
-- Ensure inclusive, equitable, and transparent campaigning 
with a level playing field for all candidates to campaign 
without harassment. 
 
Government Effectiveness 
 
-- Accelerate the passage of the subsidiary legislation for 
implementation of the 2005 Land Law, and ensure fair 
compensation for expropriated property through an appropriate 
public process. 
 
-- Fully cooperate with the UN DRC Sanctions Committee Panel 
of Experts in its investigations of violations of the arms 
embargo on the DRC. 
ARIETTI