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PRESENTATION BY:

Jean-Damascène Gasanabo, PhDDirector General of Research and Documentation Center on

Genocide

National Commission for the Fight against Genocide (CNLG)

June 4, 2015

FIGHTING AGAINST GENOCIDE DENIAL AND REVISIONISM

Outline

PlanningExecutionStopDenialStrategies for the fight against genocide

denial

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Introduction

The National Commission for the Fight Against Genocide was created by law No 09/2007 of 16/02/2007, which stipulates that the Commission is a national, independent and permanent institution.

It started operating in April 2008It has a legal status, administrative and financial

autonomy.

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Preparation and Execution of the Genocide against the Tutsi

Within one hundred days of the Genocide against the Tutsi, more than one million Tutsi were killed by their compatriots on behalf of the Hutu;

This genocide was the result of a long-established discrimination, divisionism, and an ideology of hatred that encouraged the Hutu ruling regimes (first and second Republics) to consider the Tutsi as invasive foreigners;

This ideology spurred sporadic killings of the Tutsi, pogroms, exiles and humiliations of all kinds;

This genocide, committed by Rwandans against Rwandans, destroyed social bonds between Rwandans and damaged economic institutions.

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History of genocide against the Tutsi

During the pre-colonial era, Hutu, Tutsi and Twa were commonly known as Rwandans;

From time immemorial, they lived together on the same territory, had the same culture and used the same language: “Ikinyarwanda”;

Upon their arrival, Belgian colonists misinterpreted the existing socio-economic stratifications in Rwanda;

Colonial powers transformed the three existing socio-economic stratifications into ethnic groups;

In 1931, Belgian colonial powers introduced ethnic identity cards indicating which ethnic group each Rwandan citizen belonged to and treated Hutu and Tutsi differently. 5

Cont’s

In 1957 Hutu Elites published the Hutu Manifesto;Then after Parmehutu party was put in place composed

by only Hutu;In 1958, Joseph Habyalimana GITERA established the

Hutu 10 commandments;Since then, the ideology of Genocide was taught and

spread in the whole country.

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Cont’s

When power fell into the hands of the Hutu after the abolition of the monarchy, ethnic divisions were reinforced and manipulated for political purposes;

The policy of discrimination and hatred towards the Tutsi population became the cornerstone of the Hutu ruling regimes;

After the Independence of Rwanda in 1962, genocide ideology was taught in schools;

In 1963, at about 20.000 Tutsi were killed in Gikongoro;Thereafter Hundreds of thousands of Tutsi were sporadically

killed during a series of massacres in 1963, 1973, …

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Cont’s

The 1990 liberation war became a pretext for the government to propagate an ideology of hatred and engage in a range of human rights abuses, including mass killings of Tutsi inside the country (in Kibirira, Bugesera, and Bagogwe) and the mass detention of suspected political opponents all over the country;

The Hutu Ten Commandments were created and published in Kangura, No. 6 (December 1990);

The Tutsi were vilified and dehumanized, referred to them as “cockroaches” and “snakes”.

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Cont’s

In 1992, Hutu radicals called for the Tutsi to be “sent back to Abyssinia via the Nyabarongo River” (Mugesera speech of 22/11/1992);

Interahamwe Militia were trained and armed;From 1990, the Rwandan government, led by Hutu,

intensively propagated an ideology of hatred, divisionism and discrimination through the mass media, like Radio Télévision Libre des Mille Collines (RTLM) and Kangura journal;

Hutu artists such as Bikindi and many others also helped spread propaganda. Tutsi were considered as the common enemy of the Hutu. 9

Implementation of the Genocide against the Tutsi

The ideology of genocide sparked the participation of Hutu extremists in the Genocide against the Tutsi;

After the crash of the presidential plane on April 6th, 1994, Hutu extremists took over the government, blamed the Tutsi for the assassination of the president, and started the slaughter;

Extremist Hutu leaders and "Interahamwe" launched a campaign of massive extermination against the Tutsi;

Just after the crash of the presidential plane on 6/04/1994, the genocide started.

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Cont’sOver the following days and weeks, the killings and

violence spread all over the country and, since the government had already established the names and addresses of nearly all Tutsi living in Rwanda, the killers were able to go door to door, slaughtering the Tutsi. Men, women, and children were murdered;

Since bullets were expensive, most Tutsi were killed with other weapons such as machetes or clubs. Many were tortured before being killed, often by neighbors who knew them well;

In only 100 days from April to July 1994, more than One Million Tutsi were killed.

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After the genocide,

UN Security Council confirmed the genocide against the Tutsi in its Resolution 955 of 8/11/1994 and established the ICTR for the judgment of genocide perpetrators.

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STOPPING THE GENOCIDE AGAINST THE TUTSI

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The 1990 Liberation War

Fearful of the violence they would face in Rwanda, a great number of Tutsi fled the country in 1959 to neighboring lands such as Uganda, Burundi, and the Democratic Republic of the Congo;

Afterwards, the ruling regime of the 1990s refused to address the issue of refugees;

A group of young refugees grouped into the Rwandan Patriotic Front (RPF) decided to come back by force.

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Stopping the genocide

By the time the Interahamwe and EX FAR were committing Genocide, the RPF stop killings;

The struggle to stop genocide against the Tutsi started on 7/4/1994 when the Chief Commander of RPF took decision to liberate Tutsi who were being killed, by the time MINUAR were indifferent;

The major activities of RPF in stopping genocide aimed at discouraging genocide perpetrators and calming the survivors;

In stopping genocide, the RPF targeted the ABATABAZI government which was leading the genocide, shot the RTLM so that it doesn’t continue sensitize Hutu to kill, etc. 15

DENIAL AND REVISIONISM OF THE GENOCIDE AGAINST THE

TUTSI

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Denial and Revisionism of the Genocide against the Tutsi

Genocide denial and revisionism is one of the consequences of Genocide our country is facing;

In nowadays, genocide denial does not focus only on genocide but also aims at destroying the achievements of the Government of Rwanda that stopped it as well as the hope of foreigners have in the new Rwanda and its leaders;

Deniers of the genocide against the Tutsi aim at hiding the truth of the genocide and spreading lies about it;

Today our country is committed in fighting genocide denial and revisionism because of its negative impact on the wellbeing, Unity and Reconciliation of Rwandans.

Different strategies have been put in place including prosecuting genocide deniers;

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MOST USED ARGUMENTS BY DENIERS AND REVISIONISTS OF

THE GENOCIDE AGAINST THE TUTSI

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1. There was no genocide against the Tutsi

Those who have planned and perpetrated the genocide against the Tutsi refused to acknowledge the existence of that genocide. For example, in the trial of Theoneste Bagosora at ICTR, he said that there were killings between Rwandan populations, and therefore there was no genocide against the Tutsi;

On 16 June 2006, in the Prosecutor v. Karemera et al., (Karemera) the Appeals Chamber of the ICTR took judicial notice of the fact that between 6 April 1994 and 17 July 1994 there was genocide in Rwanda against the Tutsi ethnic group.

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2. The genocide against the Tutsi was caused by the crash of the plane of the former president Habyarimana

Deniers ignored that several reports such as MUTSINZI Report and the Report made by the French Marc Trevidic and Nathalie Poux have found that the plane of the President Habyalimana was shoot by Bagosora and his team in order to carry out the already planned genocide;

The genocide against the Tutsi was not the consequence of a spontaneous killing spree, instigated by the death of President Juvenal Habyarimana, as Colonel Bagosora Théoneste stated in the early hours of the killing.

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3. Justifying the cause of genocide

What happened in Rwanda in 1994 was not genocide but Civil War

Hutu and Tutsi killed each other

There was Double genocide

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4. Minimizing the number of victims of genocide

More than One Million Tutsi were killed during the genocide against the Tutsi;

Deniers minimize the number of Tutsi who were killed during the genocide against the Tutsi stating that there was few number of Tutsi than Hutu who perished during the genocide.

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SOME CASES OF THE DENIAL OF THE GENOCIDE

AGAINST THE TUTSI

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Genocide denial by European media

January 31, 2015: France 2 aired a morning show called Télé Matin. In this episode, the reporter, Damien Thevenot asked the Director of Paris Match, Olivier Royant, on the book 'The shock of the photos' published by the Magazine.

The target sequence is brief and concise. Journalist Damien Thevenot turns the pages of the publication, brand a stop on an image and then launches to his guest: “another photo shock 94, the genocide of Hutu by the Tutsi”.

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Genocide denial by European media

October 1, 2014: The BBC2 aired a documentary film entitled “Rwanda’s Untold Story”. The film insults the President of the Republic of Rwanda, insults the RPF and denies the genocide against Tutsi. The film says that 800’000 Hutu were killed and only 200’000 Tutsi were killed.

December 31, 2013: Canal+ for broadcasting a sketch that parodies the 1994 genocide in Rwanda. The sketch undermined the dignity of the victims. After protestation of Rwandans, Canal+ released a statement apologizing for the broadcast.

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Genocide denial by Academicians and Journalists

French journalist Pierre Pean published that there was Double genocide in Rwanda (see Noires fureurs, blancs menteurs. Rwanda, 1990-1994).

The Camerounian writer Charles Onana, friend of Pierre Pean, in his book “les secrets du génocide rwandais” wrote that the genocide was caused by the crash of the plane of the president Habyalimana.

The Canadian Journalist Robin Philpot wrote in his book “Ca ne s’est pas passé comme ça à Kigali” that what have been said to happen in Rwanda was wrong.

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Genocide denial by Academicians and Journalists

Different researchers publish ideas denying the genocide against the Tutsi. For example, the Belgian Professor Filip Reyntjens always says that the plane of the former President Habyalimana was shoot by RPF;

Bernard Lugan, French researcher, always states that there was Double Genocide in Rwanda;

Allan Stam and Christian Davenport, American Academicians minimize the number of killings saying that only 200.000 Tutsi were killed.

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Genocide denial by Expert Lawyers

Carl Peter Erlinder, American lawyer, Lead Defence Counsel at ICTR, always publishes writings arguing that there was no genocide planning and therefore there was no genocide in Rwanda;

Carla Del Ponte, former Chief Prosecutor of ICTY and ICTR said there was Double Genocide in Rwanda as did John Philpot (the Jean-Paul Akayezu Lawyer in ICTR);

Florence Hartmann, Spokesperson of Carla Del Ponte wrote in his book “Paix et Chatiment” that there was Double Genocide in Rwanda.

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Genocide denial within the International Justice

Condemning those who stopped the Genocide: the Arrest Warrant for Senior Officers of RPF issued by French and Spanish Justice;

Weakness of ICTR to prove the planning of the genocide against the Tutsi;

ICTR in particular the Appeal Chamber acquitted genocide perpetrators convicted by the Trial Chamber or reduced the sentence (reference to the judgment of Bagosora, Zigiranyirazo, Mugenzi, Ndindiriyimana, etc.

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Genocide denial within the United Nations

United Nations and Security Council publish reports always containing arguments that there was Double genocide in Rwanda (reference to the MAPPING REPORT stating that there was Genocide in Congo; report made by Steve Hege advocating for FDLR saying that they are innocent, they have not committed genocide in Rwanda;

Human Rights Watch and Amnesty International publish wrong reports criticizing the Government of Unity and Reconciliation, without reporting anything on FDLR.

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Genocide denial among French Politicians

Former President of France Francois Mitterrand, Alain Juppe, Hubert Vedrine, Bernard DEBRE and Dominique de Villepin state that there was Double Genocide in Rwanda;

Former members of “Operation Turquoise” who were in Rwanda in 1994 have established an genocide denial Association arguing that the genocide was caused by the Crash of the plane of the former president Habyalimana; and that it was shot by RPF;

The raison behind the denial of the French Politicians is that they supported the regime that perpetrated the genocide (reference to the book ‘Les larmes de l’honneur: 60 jours dans la tourmente du Rwanda’ 31

Genocide denial within Faith Based Organizations

Guy Theunis, Serge Desouter in his book “Rwanda, le procès du

FPR” wrote that the genocide was caused by the killings of Hutu and the crash of the plane of the former President Habyalimana;

S’OLIVAR Foundation and INSHUTI Association collect fund for FDLR to get weapons, and advocate for them everywhere in Western Countries that they are innocent, they have not committed genocide.

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Genocide denial among genocide perpetrators and their compassionate

Convict of the crimes of Genocide under ICTR: Ngirabatware Augustin in his book “Rwanda, le faite du mensonge et de l’injustice” and Nahimana Ferdinand in his book “Rwanda, les virages ratés” na “Rwanda. L’élite Hutu accusée” deny the role of the former regime in the genocide;

Compassionate of genocide perpetrators including Faustin Twaguramungu, Joseph Matata, JMV Ndagijimana, Rudakemwa Furtunatus and Thomas Nahimana deny the genocide against the Tutsi;

Rwandan opposing the present ruling regime grouped into RNC joined the FDLR and are nowadays using genocide denial arguments.

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Genocide denial in the Great Lakes Region

There is genocide denial in RDC from the arguments that there was Double Genocide;

There is genocide denial in TANZANIAN Media propagating hatred speeches against the Tutsi;

Some Tanzanians such as Rev. Christopher Mtikila advocate for support to FDLR.

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FIGHTING GENOCIDE DENIAL AND REVISIONISM

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Rwandan Constitution of 04/06/2003

Article: 9 The State of Rwanda commits itself to conform to the following fundamental principles and to promote and enforce the respect thereof:

- Fighting the ideology of genocide and all its manifestations;

- Eradication of ethnic, regional and other divisions and promotion of national unity;

- ……..

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Rwandan Laws in Fighting Genocide Denial and Revisionism

Under the law N° 84/2013 of 11/09/2013 on the crime of genocide ideology and other related offences:

Article 5: Negation of genocide

Negation of genocide shall be any deliberate act committed in public aiming at:

1° stating or explaining that genocide is not genocide;

2° deliberately misconstruing the facts about genocide for the purpose of misleading the public;

3° supporting a double genocide theory for Rwanda;

4° stating or explaining that genocide committed against the Tutsi was not planned.

Any person who commits an act provided for by the preceding paragraph commits an offence of negation of genocide.

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Cont’s

Article 6: Minimization of genocide:

Minimization of genocide shall be any deliberate act, committed in public, aiming at:

1° downplaying the gravity or consequences of genocide;

2° downplaying the methods through which genocide was committed. Any person who commits an act provided for by the preceding paragraph commits an offence of minimization genocide.

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Cont’s

Article 7: Justifying genocide

Justifying genocide shall be any deliberate act, committed in public, aiming at

1° glorifying genocide;

2° supporting genocide;

3° legitimizing genocide.

Any person who commits an act provided for by the preceding paragraph commits an offence of justifying genocide.

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Cont’sArticle 11: Violence against a genocide survivor

Violence against a genocide survivor shall be a behaviour or any deliberate act that consists in harassing, intimidating, dehumanizing, ridiculing a person, boasting to his/her detriment, mocking, insulting him/her or destroying his/her property for the sole reason that he/she is a genocide survivor.

Under article 135 of the penal code, "any person who commits the crime of genocide ideology and other related offences shall be liable to a term of imprisonment of more than five to nine years and a fine of one hundred thousand (100,000) to one million (1,000, 000) Rwandan francs.

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Cont’s

According to the LAW N° 04/2011 OF 21/03/2011 ON IMMIGRATION AND EMIGRATION IN RWANDA

Article 12: Prohibited immigrant

A foreigner cannot obtain a visa or a residence permit where :

2° he/she denies or negates the genocide;

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Laws punishing the crimes of Genocide denial

Different Western Countries have established laws punishing the denial of the Holocaust;

In Australia, the law punishes Holocaust deniers between 1-10 years of imprisonment;

In Belgium, the law punishing Holocaust deniers was enacted in 1995, and punishes the convict person between 8 days-1year of imprisonment;

In Switzerland, the law punishes any form of denial of the genocide.

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Fighting genocide denial

Disseminate Law punishing the crime of genocide denial;

Prosecute genocide perpetrators;Establish law punishing the denial of the genocide

against the Tutsi in the region;Reinforce collaboration between States in fighting

genocide denial;Sensitize foreign countries to commemorate the

genocide against the Tutsi;Teach the history of the genocide against the Tutsi;Conduct research on Genocide denial;Ensure the security of the country. 43

On April 16, 2014, the United Nations Security Council unanimously adopted the Resolution 2150 (2014) calling for Recommitment to Fight against Genocide. The Resolution:

“1.   Calls upon States to recommit to prevent and fight against genocide, and other serious crimes under international law, reaffirms paragraphs 138 and 139 of the 2005 World Summit Outcome Document (A/60/L.1) on the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity, and underscores the importance of taking into account lessons learned from the 1994 genocide against the Tutsi in Rwanda, ….,

“2. Condemns without reservation any denial of this genocide, and urges Member States to develop educational programmes that will inculcate future generations with the lessons of the genocide in order to help prevent future genocides

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Resolution

 “3.   Welcomes efforts by member states to investigate and prosecute those accused of this genocide, calls upon all States to cooperate with the ICTR, the International Residual Mechanism for Criminal Tribunals and the Government of Rwanda in the arrest and prosecution of the remaining nine ICTR-indicted fugitives, and further calls upon States to investigate, arrest, prosecute or extradite, in accordance with applicable international obligations, all other fugitives accused of genocide residing on their territories, including those who are FDLR leaders.

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advocacy…

FDRL committed genocide in Rwanda;There are 1000 fugitives around the world

and 71658 convicted in absentia;Anyone can advocate for the arrest of

those génocidaires.

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THANK YOU