UNIT 9 NATIONAL COHESION DUTIES AND OBLIGATIONS, IDENTITIES AND THE RESPECT OF HUMANRIGHTS
Key Unit competence: The student-teacher should be able to analyze types and
different ways of human rights violation, its prevention
and the national duties and obligations towards theachievement of national cohesion.
9.1.1. Definition of the concept of Human Rights
Human rights are commonly understood as inalienable fundamental rights
which are inherent in the mere fact of being human. The concept of human
rights is based on the belief that every human being is entitled to enjoy her/
his rights without discrimination. Human rights differ from other rights in two
aspects.
Firstly, they are characterized by being:
-- Inherent in all human beings by virtue of their humanity alone (they do
not haveto be purchased or to be granted);
-- Inalienable (within qualified legal boundaries); and
-- Equally applicable to all.
Secondly, the main duties deriving from human rights fall on states and their
authorities or agents, not on individuals.
Human rights are applicable everywhere and at every time in the sense of
being universal, and they are egalitarian in the sense of being the same for
everyone. They require empathy and the rule of law and impose an obligation
on persons to respect the human rights of others. They should not be taken
away except as a result of due process based on specific circumstances, and
require freedom from unlawful imprisonment, torture, and execution.
9.1.2. Types of Human Rights
Human rights can be classified and organized in a number of different ways.
At an international level the most common categorization of human rights has
been to split them into civil and political rights,economic, social and cultural
rights. The following are some of the types of Human Rights:
• Individual or civil rights are a set of ‘physical integrity rights’ which
concern the right to life, liberty, and security of the person; privacy and
freedom of movement; ownership of property; freedom of thought,
conscience, and religious belief and practice; prohibition of slavery,
torture, and cruel or degrading punishment.
• Rule of law is related to equal recognition before the law and equal
protection of the law; effective legal remedy for violation of rights;
impartial hearing and trial; presumption of innocence; and prohibition
of arbitrary arrest.
• Rights of political expression comprise freedom of expression,
assembly, and association; the right to take part in government; andperiodic and meaningful elections with universal and equal suffrage.
• Economic and social rights concern adequate standard of living,
free choice of employment; protection against unemployment; “just
and favorable remuneration”; the right to form and join trade unions;
“reasonable limitation of working hours”; free elementary education;
social security; and the “highest attainable standard of physical and
mental health.”
• Rights of communities refer to self-determination and protection of
minority cultures.
9.1.3. Ways of prevention of human rights violations
9.1.3.1 The concept of prevention
Human rights violations occur when actions done by state’s (or non-state)
actors abuse, ignore, or deny basic human rights (including civil, political,
cultural, social, and economic rights). Furthermore, violations of human rights
can occur when any state or non-state actor breaches any part of the Universal
Declaration of Human Rights (UDHR) treaty or other international human
rights or humanitarian law.
States have the primary responsibility for the promotion and protection of
all human rights, including the prevention of human rights violations. The
obligations of States include the duty to protect against human rights abuse
by third parties, including private actors. States may breach their international
human rights law obligations where they fail to take appropriate steps to
prevent, investigate, punish and redress private actors’ abuse.
9.1.3.2 Direct prevention/mitigation
Direct prevention aims to eliminate risk factors and establish a legal,
administrative and policy framework which seeks to prevent violations. It is
also contingent on establishing a culture of respect for human rights, good
governance and the rule of law, and an enabling environment for a vibrant civil
society and free press.
9.1.3.3 Indirect prevention/non-recurrence
Indirect prevention of human rights violations, or non-recurrence, takes place
after a violation has occurred. It aims to prevent recurrence by identifying and
addressing causes of violations of all human rights, through investigation and
prosecution, ensuring the right of victims and societies to know the truth about
violations, and the rights of victims to an effective remedy, in accordance withinternational law.
9.1.3.4 Legislative and institutional framework for prevention
As a first step, prevention includes ratifying human rights treaties and their
implementation at the domestic level and adopting laws and policies that
guarantee human rights in law and practice.
The role of human rights education in prevention of human rights violation
Human rights education contributes to the prevention of human rights violations
and conflict, and to the enhancement of participation in decision-making
processes within a democratic system. Education about human rights must
become part of general public education. Research institutes and universities
should be also strengthened to train lawyers and judges.
9.1.3.5 Dialogue
Dialogue groups that assemble people from various ethnicities should be
organized to overcome mistrust, fear and grief in society. Getting to know the
feelings of ordinary people of each side might help to change the demonic
image of the enemy group. Dialogue also helps parties at the grassroots level
to discover the truth about what has happened, and may provide opportunities
for apology and forgiveness.
9.1.3.6 Truth commissions
Truth commissions are sometimes established after a political transition. They
can be understood as bodies set up to investigate a past history of violations
of human rights in a particular country which can include violations by the
military or other government forces or armed opposition forces. Their goal
is to uncover details of past abuses as a symbol of acknowledgment of past
wrongs. Finally, they conclude with a report that contains recommendations to
prevent a recurrence of the crimes and to provide reparations to victims.
9.1.3.7 International war crimes tribunals
International war crimes tribunals are established to hold individuals criminally
responsible for violations of international human rights law in special courts.
9.1.3.8 Democratization measures
Various democratization measures can help to restore political and social
rights. For sustainability and long-term viability of human rights standards,
strong local enforcement mechanisms have to be established. An independentjudiciary that provides impartial means and protects individuals against
9.1.3.4 Legislative and institutional framework for prevention
As a first step, prevention includes ratifying human rights treaties and their
implementation at the domestic level and adopting laws and policies that
guarantee human rights in law and practice.
The role of human rights education in prevention of human rights violation
Human rights education contributes to the prevention of human rights violations
and conflict, and to the enhancement of participation in decision-making
processes within a democratic system. Education about human rights must
become part of general public education. Research institutes and universities
should be also strengthened to train lawyers and judges.
9.1.3.5 Dialogue
Dialogue groups that assemble people from various ethnicities should be
organized to overcome mistrust, fear and grief in society. Getting to know the
feelings of ordinary people of each side might help to change the demonic
image of the enemy group. Dialogue also helps parties at the grassroots level
to discover the truth about what has happened, and may provide opportunities
for apology and forgiveness.
9.1.3.6 Truth commissions
Truth commissions are sometimes established after a political transition. They
can be understood as bodies set up to investigate a past history of violations
of human rights in a particular country which can include violations by the
military or other government forces or armed opposition forces. Their goal
is to uncover details of past abuses as a symbol of acknowledgment of past
wrongs. Finally, they conclude with a report that contains recommendations to
prevent a recurrence of the crimes and to provide reparations to victims.
9.1.3.7 International war crimes tribunals
International war crimes tribunals are established to hold individuals criminally
responsible for violations of international human rights law in special courts.
9.1.3.8 Democratization measures
Various democratization measures can help to restore political and social
rights. For sustainability and long-term viability of human rights standards,
strong local enforcement mechanisms have to be established. An independent
judiciary that provides impartial means and protects individuals against
politically influenced persecution must be restored. Election monitors who
help to guarantee fair voting procedures can help to ensure stable and peaceful
elections. And various social structural changes, including reallocations of
resources, increased political participation, and the strengthening of civil
society can help to ensure that people’s basic needs are met.
9.1.3.9 Humanitarian aid and development assistance
Humanitarian aid and development assistance seeks to ease the impact that
violent conflict has on civilians. Once conflict has ended, development assistance
helps to advance reconstruction programs that rebuild infrastructure,
institutions and the economy. This assistance helps countries to undergopeaceful development rather than sliding back into conflict.
9.2.1 National Cohesion
National cohesion involves the constructing of an integrated citizenry with a
sense of belonging amongst members of different groups and from different
regions, through the regulation and reconciliation of differences as well as
competing interests and demands.
9.2.2 National identity
National identity is the sense of a nation as a cohesive whole, as represented
by distinctive traditions, culture, language and politics. A person’s national
identity is his/her identity and sense of belonging to one state or to one nation,
a feeling one shares with a group of people, regardless of one’s legal citizenship
status. Scientists see national identity in psychological terms as “and awareness
of difference”, a “feeling and recognition of ‘we’ and ‘they’”.
National identity is not an inborn trait, various studieshave shown that a
person’s national identity results directly from the presence of elements from
the “common points” in people’s daily lives: national symbols, language, national
colours, the nation’s history, national consciousness, blood ties, culture, music,
cuisine, radio, television, and so on.
National identity markers are those characteristics used to identify a person
as possessing a particular national identity. These markers are not fixed but
fluid, varying from culture to culture and also within a culture over time. Such
markers may include common language or dialect, national dress, birthplace,
family affiliation, etc.
9.2.3 Factors of national cohesion and identities
The promotion of the national cohesion and identities requires deliberate
strategies to reorganize the management of diversities. These strategies include:
• There is need to strengthen social institutions and organizations as
well as mechanisms of governance to enhance national cohesion. The
transformation of the political and governance institutions such as the
executive, legislature, judiciary, civil service, local government, public
administration, electoral rules, and party composition is particularly
important for the achievement of national cohesion and integration.
• Adoption of diversity concepts at all levels of organizational
management at public and private establishments.
• Establishment and enhancement of local community dialogue forums
by creating, developing and/or expanding local community dialogue
forums such as local workshops are essential.
• Strengthening the role of national, province and community leaders
in promoting national cohesion and identity; community leaders
and traditional systems that promote national cohesion such as the
Councils of Elders should be recognized and supported.
• Implementation and enforcement of legislation that is related to
prosecution of individuals or groups that promote negative ethnicity
and hate speech in Rwanda.
• Embracement of diversity and symbols of national unity emphasis
should be placed on the sovereignty of the people, effective
management of indigenous languages, national symbols, the national
anthem, national days, national values and principles of governance
among others.
• Develop and monitor a set of indicators and indices that capture
the role of governance institutions in enhancing cohesion. These
indicators will include: democratic governance, rule of law, reduction
of corruption, justice and human security as well as promotion of value
systems and public policies.
• Accelerate the development of special economic zones to improve the
socio-economic profile of the less developed regions. The Government
should ensure equitable infrastructural development across the
country with attention to roads, electricity, water and sanitation among
others.
• Facilitate equitable investments in social and economic services,
education, training institutions, health facilities, food, security and
water among others. Ensure universal access to fundamental human
rights such as basic education, health services, and water and food
security.
• Improve land management practices and challenges related to natural
resource mismanagement. Since many conflicts in Rwanda revolve
around land and management of resources, there is need to improve
land management practices and address land inequalities and resource
mismanagement.
• Address youth unemployment and other forms of socio-economic
exclusion. The economy should be improved with the aim of facilitating
the creation of more job opportunities.
• Use traditional performances such as dance, music, drama and
sporting activities to facilitate cohesion amongst communities. Cultural
performance and arts, especially those that are linked to specific events
and national days, should be used to encourage and support national
cohesion and integration.
• Media and cultural activities such as art, music, pictures and film can
be used to broadcast messages of peace and positive co-existence.
Therefore, the media should be used to promote various cultural
activities that encourage and support national cohesion and integration.
• There is a need of strong communication strategy which should entail
working with local media among others in a bid to counter stereotypes
and other negative practices.
• Another factor for national cohesion and identity includes the existence
of a visionary leadership that practices good governance and develops
a vision for the nation.
• It is also essential to recognize changing demographics such as youth,
men, women, people with various challenges and other groups.
9.2.4 Influences of national cohesion and identity on the respect
of human rights
National cohesion and culture play a significant and fundamental role in
fostering identity and sense of security by directing individual behavior. Cultural
products serve to unify people while participation in cultural activities ensure
that issues of national importance are profiled and messages of integration
communicated thereby promoting mutual coexistence and respect of human
rights as follows:
When the people identify themselve in one group, one country or state with the
same culture, this enable them to defend them and safeguard their life and the
life of each other.
The national cohesion is amongest the key points in respect of the human rights
especially the right to the nationality as defended in Universal declaration of
human rights and in the constitution of Rwanda as amendated up to date. This
is due to the will of sharing a nation as their identity.
In the traditional Rwanda, the Rwandans had the same religion, beliefs and
rituals. This facilitated them to enjoy the freedom of worship because everyone
was allowed to participate in his or her own traditional ritual like Kubandwa and
guterekera. Today, even if there are various religoius practices; the Constitution
of Rwanda grants all citizens with freedom of worship. In this regard, the respect
of human rights is ensured.
Culture is essential for individual survival and for social relations. Just as culture
is essential for individuals, it is also fundamental for the survival of societies.
Some system of rule-making and enforcing is necessary in all societies. In order
to survive, societies need rules about civility and tolerance toward others. Weare not born knowing how to express kindness or hatred towards others.
National cohesion and Rwandan identity can promote the respect of the human
rights in the sense that they destroy the sectarist references, exclusions, division
and negative ideologies that had characterised the Rwandan societies and led
to the genocide against the Tutsi.
In culture of Rwanda and as it is stated in the constitution of Rwanda, every
child has the right to the family and is entitled to special measures of protection
by his/her family, society and the State. This enforces the respect of human
rights especially the Convention on the Rights of the Child adopted in 1989.
In ancient Rwanda as well as today, the Rwandans enjoy the rights of being
fairly tried. Judicial institution like Gacaca for instance, had been set up to
perform such noble task. This cemented the culture of justice and all Rwandapeople respected the decision made by hierarchal courts of justice.
9.3.1. Itorero ry’igihugu
Itorero is one of the Rwanda’s Home Grown Solutions in the governance cluster
and is regarded mainly as a cultural-centredprogramme. It is a holistic training
system that includes civic education exercises, cultural values, patriotism and
social political development of Rwandans.
Itorero was initiated during the reign of King Ruganzu I Bwimba at around
1312 A.D. The traditional Itorero was a cultural school where Rwandans would
learn about their language, their history, social relations, sports, dancing, songs,
patriotism and national defense. Itorero was created so that people acquire a
good and deep understanding of their culture.
From 1924 to 1994, Itorero was banned by the colonial rule and further by the
post independence regimes.
Between May 1998 and March 1999, the consultative meetings in Urugwiro
recommended the reviving of the cultural values that could help to cultivate
decent citizens. It is in this spirit that the Rwanda government decided to draw
from the Rwandan culture, some home grown tools to deal with our peculiar
challenges in the area of governance, economy and social welfare.
The idea of re-establishing Itorerory’Igihugu came up during the leadership
retreat that took place in Akagera in February 2007. It is in this perspective
that a Cabinet meeting of 12th November 2007 passed a resolution to revive
Itorerory’Igihugu and make it a channel for instilling a new mindset among
Rwandans for speedy achievement of the development goals enshrined in the
Vision 2020.
Itorerory’Igihugu was later revived at the official launch presided upon by
His Excellency Paul Kagame, the President of the Republic of Rwanda on 16th
November 2007 in the Parliament Buildings.
Itorerory’Igihugu has the objective of cultivating self-respecting citizens who
are identified by their national values, who are eager to embrace speedy
innovations that have positive impact on their social welfare. Itorerory’Igihugu
also aims at cultivating visionary, patriotic, and exemplary servant leaders at all
level of governance, leaders who have a heart for the people and their wellbeing.
The curriculum content for Itorerory’igihugu is unique to Rwanda due to the fact
that it is based on principles and values peculiar to the Rwandan culture while
Urugerero (National Service) on the other hand, has much in common with
what takes place in other countries. Participating in Itorero is the obligation
of every Rwandan, regardless of status and social group. They include children
from seven years old and the youth from the age of 18 to 35 years. For the latter
age group, participating in Urugerero (National Service) is obligatory.
The same content focuses on a desire to promote opportunities for development
using Rwandan cultural values; identify taboos that inhibit the development of
the country; fight violence and corruption; eradicate the culture of impunity;
strengthen the culture of peace, tolerance, unity and reconciliation; and
eradicate genocide ideology and all its roots.
9.3.2 Umuganda
Umuganda was created to help supplement the national budget spent in
construction and the repair of basic infrastructure. The work done is organized
by community members and is done voluntarily and without pay. The projects
completed through Umuganda include the construction of schools, feeder
roads, road repair, terracing, reforestation, home construction for vulnerable
people, erosion control, water canals, etc.
Planning for Umuganda is done at council meetings at the cell level. It is the
responsibility of local leaders as well as national leaders to mobilize the
population to participate in Umuganda. Community members meet and plan
the date and the activity. Participation in Umuganda is compulsory for all ablebodied
citizens and it is expected that this policy will result in a more cohesive
society as all members of a community come together to complete a projectthat benefits the community.
Source:https://www.npr.org/sections/goatsandsoda/2018/07/18/628364015/how-rwandatidied-up-its-streets-and-the-rest-of-the=country=too
Umuganda is one of Home Grown Solutions. Modern day Umuganda can
be described as a community work. On the last Saturday of each month,
communities come together to do a variety of public works. This often includes
infrastructure development and environmental protection.
9.3.3. Imihigo
Imihigo (Performance Contract) is the plural Kinyarwanda word of Umuhigo,
which means to vow to deliver. Imihigo also includes the concept of Guhiganwa,
which means to compete among one another. Imihigo describe the pre-colonial
cultural practice in Rwanda where an individual set targets or goals to be
achieved within a specific period of time. The person must complete these
objectives by following guiding principles and be determined to overcome any
possible challenges that arise.
In 2000, a shift in the responsibilities of all levels of government as a result
of a decentralization program required a new approach to monitoring and
evaluation. Local levels of government were now responsible for implementing
development programs which meant that the central government and people
of Rwanda needed a way to ensure accountability.
In 2006, Imihigo were introduced to address this need. Since its introduction,
Imihigo have been credited with improving accountability and quickening the
pace of citizen centred development activities and programs. The practice of
Imihigo has now been extended to ministries, embassies and public servicestaff.
ources:https://www.newtimes.co.rw/news/leaders-sign-imihigo
In putting into practice imihigo, the districts are responsible for implementing
programs under this broad agenda while Central Government assumes the task
for planning and facilitating.
9.3.4. Community policing.
When Rwanda National Police (RNP) was created in the year 2000, it adopted
the community policing strategy to build ties and work closely with members
of the community to fight crime. Since then, the department for community
policy has been influential in reducing crime throughout the country.
Traditionally, the Police respond to crime after it occurs. On top of that, the Police
cannot be everywhere at all times and, therefore, relies on routine patrols, rapid
response to calls for service, arrests and follow-up investigations. Community
policing, therefore, was adopted to encourage citizens to participate in crimesolving.
Community policing encourages the Police to increase the means by which
citizens can report incidents or the use of volunteers to provide timely reports
that help us in anti-crime operations.
This strategy has been very successful in increasing Police response to crime,
because many reports are now provided by community members. This showsthat people trust police to do its best in protecting their lives and property.
9.4. The contribution of the Rwandan citizens and noncitizenstowards the national duties and obligations
9.4.1. National Itorero Commission
From 19 November 2007, Itorerory’Igihugu was launched in all districts of the
country. In December 2007, a ceremony to present nationwide Intore regiments
at district level to His Excellency the President of the Republic of Rwanda and
other senior Government officials took place at Amahoro stadium. Each district’s
regiment presented its performance contract at that colorful ceremony marked
by cultural festivals. Each district’s Intore regiment publically announced its
Identification Name.
There is also Itorero for Rwandan Diaspora that has the authority to develop its
affiliated sub-division. From November 2007 up to the end of 2012, Itorerory’
Igihugu had a total of 284,209 trained Intore.
In order to enable each Intore to benefit and experience change of mindset,
each group chooses its Identification Name and sets objectives it must achieve.
Those projected objectives must be achieved during or after training, and
this is confirmed by the performance contracts that necessarily have to be
accomplished. With this obligation in mind, each individual also sets personal
objective that in turn contributes to the success of the corporate objectives.
The number of Intore who have been trained at the village level amounts to
a total of 814 587. Those mentored at the national level are the ones who go
down to mentor in villages, schools, and at various work places. In total, 1 098599 Rwandans have been mentored nationwide.
Source: https://www.newtimes.co.rw/section/read/213653
From 2007 to 2017, about 23 categories composed of over 2,300,000 people
from both public and private institutions have been trained under Itorero.
These include citizens (1,109,707), students (160,875), professionals (50431),
teachers (43600), decentralized (leader 33509), trainers (7520), diaspora
(2769), farmers (2256) and people with disabilities (392).
Through Urugerero Program, Intore mentored in 2012 totaled 40,730. Among
them, 19,285 were female, while 21,445 were male. However, those who joined
Urugerero were 37,660, female being 18,675 while male participants were
18,985.
9.4.2 Umuganda
Rwandans between 18 and 65 are obliged to participate in Umuganda. Expatriates
living in Rwanda are encouraged to take part. Professionals also contribute
to umuganda. It is in this context that members of Rwanda’s elite and private
sector, including engineers, medical personnel, IT specialists, statisticians and
other professionals, are actively involved in Umuganda activities. The military
personnel also participate in social activities like building schools and hospitalsand this inspires the population to be very active as well.
Source:https://www.bing.com/ images/ search? view=detailV2&ccid=
vpL0ENNM&id= 134EB29B47082D18B51405423A69D5941E3C8C6A&thid= OIP.vpL0ENNMSQAwQOWgWVBHxAHaEs&mediaurl
9.4.3. Imihigo
Imihigo is the result of a participatory process of identifying and implementing
priorities from the grassroots to the national level. In the process of identifying
priorities, each level demonstrates its contribution to achievement of
development goals.
Performance contracts offer various opportunities for community participation
including various meetings at the district, sector, cell and village. Accountability
days and public meeting after umuganda are interesting opportunities for
participating in performance contracts. The above opportunities are exploited
by many including communities, women, consultative councils who actively
participate in performance contracts. In such meetings, local priorities to be
included into the national priorities are directly discussed with all the peoplecontrary to other levels that involve only people’s representatives.
Source: ttps://www.bing.com/images/search?view=detailV2&ccid=oIGr%2f60G&id
9.4.4. Community policing
Community Policing Committees (CPCs) were introduced in 2007 and they are
made up of ordinary citizens chosen by fellow residents. They operate in cells
and sectors to collect information that helps in crime prevention, while they
also sensitize residents about the need to collectively overcome crime.
The Youth Volunteers in Crime Prevention is an organization that has over 7,000
young men and women spread throughout the country – with an aim to promote
security and participate in crime prevention. They have been influential inaiding Police operations and also in sensitizing fellow youth against crime.
Source:https://www.newtimes.co.rw/news/police-attributes-security-gains-people-centredpolicing
The Community policing alsoworks with motorists’ association to ensure that
road safety is respected, as well as with the business community to protect thecountry against economic crimes.
9.5.1. National Itorero Commission
According to Strategic Plan 2009-2012 of Itorero ry’Igihugu, the biggest
challenge for Itorero is finding solutions to address the poor mindset of the
average Rwandan. Other problems which impede development goals are
corruption, genocide and divisionism ideology.
From the time Itorero was launched, it is remarkable that many Rwandans have
not yet fully understood its purpose and rationale. This confusion has caused
some people to link Itorerory’Igihugu with activities of other associations. Forexample, those with a dancing purpose (cultural troupe).
To mentor a significant number of Intore throughout the country still requires
a substantial financial budget. This also calls for the commitment of the
government and its partners to finance the program.
9.5.2 Umuganda
The challenges faced by Umuganda fall into two broad categories: planning and
participation. In some areas of the country, poor planning has led to unrealistic
targets and projects that would be difficult to achieve without additional
financing. In urban areas, participation in Umuganda has been lower than in
rural areas.
To address these challenges, the team responsible for Umuganda at the
Ministry of Local Government has run trainings for the committees that oversee
Umuganda at the local level. These trainings include lessons on monitoring
and evaluation, how to report achievements, the laws, orders and guidelines
governing Umuganda as well as responsibilities of the committee. To overcome
the issues of low participation rates in some areas of the country, especially
in urban areas, an awareness raising campaign was conducted through
documentaries, Television and radio shows to inform Rwandans about the role
Umuganda plays in society and its importance.
Problems of measurements: Umuganda is one of the most important activities
planned to be achieved through implementation of Imihigo. However, there is
absence of a clear standard on how to measure the value of Umuganda. For
instance, some districts measure its value based on the number of people
participating on the day multiplied by the daily labour (mostly farming) rate
applicable in that district, whereas other districts attempt to estimate the
financial cost of achievements on the day of Umuganda.
9.5.3 Community policing
The following are the biggest challenges the National Police of Rwanda is faced
to as far as Community policing is concerned: high population growth rate
and high population density, high police population ratio, high Rural-urban
migration rate, low level of education, illiteracy, and ignorance of laws andpotential for increasing criminality.