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O 181346Z MAY 06
FM AMEMBASSY KIGALI
TO SECSTATE WASHDC IMMEDIATE 2779

C O N F I D E N T I A L KIGALI 000480 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR AF/C, DRL, AND AF/PD 
DEPT PASS TO MCC FOR SHERRI KRAHAM AND MATT MCLEAN 
 
E.O. 12958: DECL: 05/16/2016 
TAGS: PHUM PREL SOCI KDEM KJUS RW
SUBJECT: THE STATE OF PRESS FREEDOM IN RWANDA 
 
Classified By: PAO Brian George for reasons 1.4(b),(d) 
 
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Summary 
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¶1. (U) Press freedom in Rwanda--despite the legacy of a media 
tainted by complicity in the genocide and lingering mistrust 
between the government and journalists--has in recent years 
taken root.  Several independent radio stations and 
newspapers currently are operating.  While reports of 
self-censorship are common and many radio stations shy away 
from hard news, independent outlets frequently criticize the 
government and rarely face legal repercussions for their 
reporting.  Infringements by law enforcement and security 
agencies remain problematic but are infrequent.  The greatest 
obstacle to further development of press freedom in Rwanda 
now probably is structural weaknesses within the independent 
media for which there are no immediate remedies.  The process 
currently underway to revise the media law and the structure 
and authorities of the High Council of the Press (HCP)--which 
is charged both with ensuring respect for press freedom and 
adherence to media ethics--could go a long way toward 
improving the media environment in the country. End Summary. 
 
 
¶2. (U) Embassy Kigali is engaged in an ongoing structured 
dialogue with the GOR on a broad range of human rights/rule 
of law issues.  As part of this dialogue, Emboffs met on May 
5 with GOR officials for an in-depth discussion of press 
freedom issues.  GOR discussants included representatives 
from the Ministry of Information, Prosecutor General,s 
office, Ministry of Internal Security, Rwandan National 
Police (RNP), HCP, and Ministry of Foreign Affairs.  During 
this meeting the GOR expressed its openness to assistance in 
the form of 1) an external analysis of the draft amended 
media law (which is about to be taken up by parliament); 2) 
legislative drafting assistance for parliament to help 
produce a final version of the media bill; and 3) a review of 
the functions and structure of the HCP.  The GOR also is 
seeking external assistance to help create a media training 
center in Kigali to improve the quality and professionalism 
of working journalists.  Our conversations to date have 
opened the door for substantive action on press freedom 
issues.  If we are to take advantage of this opening, we must 
act rapidly to identify available resources and mechanisms to 
meet these assistance needs. 
 
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A Legacy of Mistrust 
--------------------- 
¶3. (C) The GOR,s distrust of independent media stems from 
the role played by Radio Libre de Mille Collines and print 
publications such as "Kangura" in propagating ethnic 
divisions in advance of the genocide and in encouraging the 
killing once it began.  These media outlets were, in fact, 
working closely with, and sometimes controlled by, senior 
officials from the Habyarimana regime or its allies outside 
government.  The story of the genocide-era media is, 
therefore, as much a cautionary tale about excessive 
government involvement in the media as it is about the 
dangers of an independent press.  Nonetheless, the RPF 
Government came to power with a deep suspicion of the media 
and viewed it as a potential threat to the country,s 
stability and efforts to root out hostile forces in the 
region.  As a result, the media environment was slow to 
liberalize.  Independent papers that did spring up in the 
late 1990s and early 2000s were subject to harassment and 
intimidation and many of their founding editors and 
journalists went into exile.  Frustration with the poor 
quality and frequent inaccuracy of independent media reports, 
a lingering sense of insecurity within the government, and a 
perceived lack of confidence by the GOR in the ability of 
average Rwandans to make value judgments about the news they 
receive continue to result in heightened scrutiny of articles 
and broadcasts critical of the government. 
 
¶4. (C) The difficult environment faced by journalists in the 
early post-genocide period is reflected in their general 
distrust of the GOR today.  This distrust is reflected also 
in statements by international human rights organizations 
such as Reporters without Borders, Amnesty International, and 
Freedom House, which have, among other criticisms, branded 
President Kagame a press "predator" and ranked Rwanda among 
the countries with the least free media in the world.  This 
reporting is often simplistic and tends to ignore both the 
complexities of the individual cases and contesting versions 
of events.  While the word of the GOR in these cases should 
not be taken at face value, nor should human rights groups 
automatically assume that individuals claiming harassment are 
presenting an accurate version of events. 
¶5. (U) Empirical and anecdotal evidence suggest a recent 
decrease in the level of harassment of Rwandan journalists. 
Independent Kinyarwandan, English, and French-language 
publications regularly publish articles critical of the 
government or individual officials and rarely face 
repercussions for their statements.  No Rwandan newspaper has 
been subject to more harassment than the Kinyarwanda-language 
"Umuseso," which saw successive editors and several of its 
journalists flee the country.  Current editor Charles 
Kabonero himself was found guilty in 2005 of "attacking the 
dignity of a high authority" and received a one-year 
suspended prison sentence (he also was brought up on but 
found not guilty of charges of divisionism).  Nonetheless, 
Kabonero says the climate for his newspaper has never been 
better.  No "Umuseso" editions have been seized in well over 
a year; there have been no recent reports of harassment 
against his staff; and an unwritten prohibition against 
placement of government-sponsored advertisements in the paper 
(an effective means of starving the outlet financially) has 
been lifted.  Private radio was reintroduced in 2004 and 
there are now eight private stations operating in the 
country.  While they continue to shy away from sensitive 
topics such as criticism of the RPF or the military, debates 
on other topical issues (health, local government, etc.) in 
the form of in-studio discussions and call-in shows have 
gained in popularity.  Independent journalists remain wary of 
the government and frequently state that they continue to 
practice self-censorship, but there is general agreement that 
the climate has improved noticeably in recent years. 
 
--------------------------------------------- ---- 
Institutional Weaknesses of Independent Media 
--------------------------------------------- ---- 
¶6. (U) The greatest obstacle to the development of Rwanda,s 
independent media probably no longer is government harassment 
but financial weakness.  Poverty, illiteracy, and a lack of 
reading culture severely limit the readership and 
profitability of Rwandan newspapers.  Limited revenues from 
sales and advertising make it difficult to attract talented 
reporters and even harder to retain them.  The editors of 
independent "Umuseso" and "Umuco" both report recent 
reductions of their already small staffs.  "Umuco" went from 
seven reporters to four and also reduced its print run from 
4,000 copies to 1,500.  The exception to this situation is 
the pro-government "New Times," which recently became 
Rwanda,s first daily paper.  The "New Times" is able to 
offer much higher salaries and employ a much larger staff 
than its competitors despite a relatively small readership. 
Shareholders in the "New Times" reportedly include senior 
officials in the current government and other prominent 
individuals with close ties to the RPF, thus raising 
questions whether it can be considered a truly independent 
publication.  The high cost of printing in Rwanda adds a 
further financial burden and makes regular publishing more 
difficult.  As Rwanda,s economy grows, education levels 
improve, and sales and advertising revenues increase, so too 
will the quality of journalism.  For the foreseeable future, 
however, financial viability will remain a struggle for 
independent media. 
 
¶7. (U) Even ardent defenders of Rwanda,s independent media 
and practicing journalists themselves acknowledge that the 
quality of journalism is very low.  Stories are often poorly 
sourced and based on rumor or innuendo.  Many practicing 
journalists enter the field in their late teens or early 
twenties with no more than a secondary education.  The 
National University,s school of journalism was 
re-established only in 2000 and recently produced its first 
crop of graduates.  With only 15-20 graduates per year--many 
of whom accept jobs outside the media field--the school has 
yet to make a significant contribution to the development of 
Rwanda,s media.  Working journalists, the overwhelming 
number of whom are based in Kigali, find it impractical to 
travel the 2.5 hours to Butare, where the university is 
located, to attend classes.  The GOR, HCP, and the 
Association of Rwandan Journalists (ARJ) all support creation 
of a media training center in Kigali for working journalists, 
but funding for the center has not yet materialized. 
 
¶8. (U) Internal divisions and weak management skills also 
have prevented Rwanda,s independent journalists and related 
organizations such as the ARJ and the Press House from 
advocating effectively for their interests.  The most recent 
example of bickering within the community is a series of 
articles written by Shyaka Kanuma, chief editor of the 
recently established English-language paper, "Focus," 
accusing Umuseso,s Kabonero of collaborating with a former 
Rwandan military officer indicted for war crimes to 
destabilize the country as well as advising a Rwandan 
asylum-seeker to falsify his statements to UK authorities. 
Kabonero argues that the articles stem from a long-standing 
grudge Kanuma holds against Kabonero and "Umuseso," his 
former employer. 
 
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Media Policy 
------------- 
¶9. (U) The Rwandan cabinet recently approved amendments to 
the media law to address perceived shortcomings in the 
current law, which was passed in 2002--principally the 
failure to adequately delineate responsibilities among the 
HCP, the courts, the Information Ministry, and other 
government bodies for enforcing the law.  The amendments also 
provide greater specificity with respect to the nature of 
criminal offenses identified in the law (e.g., incitement, 
genocide denial) and the punishments to which violators of 
these offenses are subject.  According to information 
provided recently by an official from the Information 
Ministry, the revised bill will also: 
--Clarify the definition of a journalist and specify the 
qualifications necessary for accreditation as a journalist in 
Rwanda; 
--Introduce for the first time regulations specifically 
related to the Internet (to protect against pornography, 
etc.); and 
--Make legally binding a code of ethics for media 
practitioners that previously was adopted on a voluntary, 
non-binding basis by Rwandan journalists. 
 
The revised law is expected to be submitted to parliament for 
consideration once English and French translations of the law 
have been prepared. 
 
¶10. (U) While the proposed amendments do not appear to 
address other specific concerns that have been raised by 
observers (e.g., the broadly worded prohibition against 
expressing contempt for the President and security forces 
used by the government to maintain law and order), in 
practice the most serious infringements of press freedom have 
resulted from improper implementation of the law or 
regulations that are found in other sections of Rwanda,s 
legal code.  The Rwandan National Police (RNP), for instance, 
has broad authority under Rwandan law to take preemptory 
action on reasonable grounds of suspicion that a crime is to 
be committed.  The RNP has interpreted this authority to 
include the right to seize newspaper editions that they deem 
an immediate threat to national security.  It was on these 
grounds that the RNP seized a September 2005 edition of 
"Umuco."  Under the present media law, the HCP has the 
authority only to recommend seizure of a specific edition as 
well as suspension or closure of a paper; final decision must 
be taken by Rwanda,s courts.  In the "Umuco" case, the 
police took action without a recommendation from the HCP and 
have yet to return the edition in question despite the 
absence of a court ruling affirming the seizure. 
 
--------------------------- 
High Council of the Press 
--------------------------- 
¶11. (U) The body that stands to benefit most from the media 
law amendments is the HCP, which reportedly will be granted 
full authority to suspend, close, or take other punitive 
measures against publications and to revoke the credentials 
of individual journalists that are found in violation of the 
media law.  These and other proposed changes are likely to 
empower the HCP while clarifying and streamlining procedures 
for implementation of the media law.  A concurrent revision 
to the statue governing the HCP reportedly will grant the 
body more autonomy.  The HCP has much work to do, however, to 
prove to domestic and international critics that it can be 
trusted with these enhanced powers. 
 
¶12. (U) The first criticism of the HCP, which stems from the 
fact that it was created by presidential decree and reports 
to the Office of the President, is reportedly addressed by 
the proposed changes to the statute governing its structure 
and financing.  A second criticism is that the composition of 
the Council is weighted in favor of the government.  The HCP, 
which began functioning in 2003, is comprised of nine 
members: three selected by the government, three 
representatives elected by independent media, two civil 
society members, and one government media representative. 
With four members representing the government, only one more 
vote is needed to tilt any decisions in its favor.  For its 
part, the HCP has suggested that the number of both 
government and media representatives be reduced in favor of 
increased numbers of impartial experts (e.g., lawyers, human 
rights practitioners).   A third criticism of the HCP is that 
it has, in practice, focused its energy and resources on 
monitoring Rwanda,s journalists while failing to defend 
their rights. 
¶13. (C) The HCP does dedicate an inordinate amount of its 
limited resources to conducting detailed monitoring of 
Rwanda's media.  Three of six full-time staff members at the 
Council are engaged as media monitors assigned the task of 
reviewing media reports and identifying violations of the 
media law by journalists or publications.  In addition to 
looking for individual instances of "misreporting," the 
Council,s staff also prepares regular topical analyses of 
media coverage (e.g., an annual review of coverage of the 
genocide).  The HCP is less proactive in investigating 
possible infringements of press freedom.  For example, the 
HCP did not formally investigate whether proper procedures 
were followed by the RNP and/or Rwandan courts with respect 
to seizure of the September 2005 edition of "Umuco."  While 
HCP Executive Secretary Patrice Maluma expressed concern that 
the RNP overstepped its authority (and, more specifically, 
undermined the authority of the HCP) and, while acknowledging 
that the courts appear never to have officially sanctioned 
the seizure, he stated that the HCP did not formally report 
on the matter.  The HCP has in the past conducted 
investigations into allegations of harassment and 
intimidation of journalists and noted that improprieties (by 
law enforcement bodies especially) have occurred. 
 
¶14. (C) Current HCP vice president Immaculee Ingabire has 
been a lightening rod of criticism, and her actions and 
statements have reinforced the belief common among Rwanda,s 
journalists that the HCP is pro-government (note: the first 
president of the HCP resigned allegedly over frustration with 
the HCP,s internal divisions and lack of authority; Ingabire 
has been de facto head of the HCP since his resignation).  In 
a recent discussion with Emboffs, Ingabire responded to 
allegations that the HCP has failed to adequately represent 
journalists, interests by stating that the HCP has yet to 
find a single case in which a journalist,s rights have been 
violated.  Ingabire also was the author of a recent statement 
to Reporters without Borders rebutting its January 31, 2006 
report concerning press freedom in Rwanda.  The statement, a 
staunch defense of President Kagame and the Rwandan 
government, would have been more appropriate coming from a 
government ministry rather than what is intended to be an 
autonomous body.  Ingabire,s term of office has officially 
ended and she will be replaced as soon as the process of 
appointing new Council members is completed.  The new 
leadership of the HCP may be more inclined to focus on 
protection of journalists. 
 
¶15. (U) While disappointed by the HCP to date, some 
independent journalists remain hopeful that the body will, 
with new leadership, greater autonomy, and increased 
experience, grow into the role of an effective, independent, 
respected monitoring body. 
 
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Comment 
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¶16. (U) The GOR states--probably accurately--that Rwanda,s 
media has never enjoyed more freedom than it does today. 
This is true particularly with respect to Rwandan radio, 
which now has eight independent stations.  Progress has been 
slower in the independent print media which, because of a 
lack of qualified staff, a weak financial base, and low 
readership, remains weak and ineffectual.  Continued 
development of press freedom in Rwanda will require a greater 
degree of trust and mutual respect between journalists and 
the government--especially segments of the security and law 
enforcement services; a thickening of skins on both sides; a 
truly independent, respected, and empowered HCP; greater 
clarity in the media law and in the Rwandan penal code more 
generally; and increased professionalism and profitability of 
independent media outlets.  Revisions to the media law and 
statute governing the HCP currently under consideration by 
the GOR, combined with the imminent appointment of new 
members of the HCP, provide an opportune moment for USG 
engagement on this issue and a genuine chance to further 
advance press freedom in Rwanda. 
 
ARIETTI